Legal Question in Employment Law in California

My boss cut our pay 5% today, which makes me no longer eligible for salary so he's putting me on hourly in addition to the 5% decrease in pay. I will be performing the same duties plus the duties of a coworker and still working full-time. i have two questions:

if my duties won't change doesn't that mean i should have been hourly all along and entitled to back overtime pay? i have been working an average of 45hrs since i started exactly a year ago (yes i have records) and some weeks working 7days. i am an office manager and i don't have any managerial duties and i don't manage or supervise two fulltime employees, i make no pertinent decisions.

Also if i'm getting a pay cut and i'm taking on more duties is that "good cause" to quit and receive unemployment benefits?

thanks!


Asked on 9/24/09, 6:47 pm

1 Answer from Attorneys
Herb Fox Law Office of Herb Fox

You raise a very good point about whether you are entitled to back-pay overtime because you were misclassified as exempt (i.e., on salary). How large is the company? Are your co-workers facing the same situation?

I handle class-action wage and hour suits; if you would like a consultation please contact my office by phone (800-988-4807) or email ([email protected])

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Answered on 9/24/09, 7:10 pm


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