Legal Question in Employment Law in California
California labor law question:
I�ve been the building manager at a condominium association, governed by a board of directors, for 20 years. There are a total of 5 employees. There is no employee contact, handbook, etc.
I�ve always had exempt employee status (working variable hours to get the job done, no overtime, etc), but recently the current Board president has told me that I have to work in the office from 8-5 Monday-Friday, that I have to use a time clock, that I have to take an unpaid lunch, and that regardless of how much time I work now, I get no overtime paid or comp time.
I feel that my status has been indiscriminately changed to that of a non-exempt employee although I�ve previously told the president about the differences between exempt and non-exempt status.
My questions are: 1) Does it seem that I have a valid claim against the Board regarding the exempt status under CA labor laws. 2) Does it appear that I�m entitled to overtime pay. 3) Could I file a claim myself, and how do I go about doing it. 4) Should I consult with an attorney since I feel that this matter is just one part of a larger issue involving retaliation against me due to a sudden medical problem that put me on State disability for a period of 2 months and what I�m beginning to think could involve trying to be pushed out of the job due to my age (59).
2 Answers from Attorneys
Whether you are a nonexempt or exempt employee depends entirely on your duties. The analysis is whether you fall within the administrative exemption. If you spend less than 50% of your time performing actual managerial duties (answering phones, typing data, performing repairs, etc., etc.) you may be misclassified and owed overtime. Call an employment law attorney to discuss. Be prepared to discuss your duties and the average amount of time per day that you spend on those duties. Many of us offer a free initial phone consultation. If you are owed overtime, you can only go back 3 years (sometimes 4 under an unfair business competition claim) and you can recover the time and one-half or double time owed plus 10% interest plus your employer pays your attorneys' fees. You can't sue the individual directors, but you can sue the HOA or whoever your employer is IF you are owed overtime, etc.
I would add that your exempt or non-exempt status will also depend on how you are paid. For example, if you don't work a full 40 hours per week, will your employer reduce your pay accordingly? If so, you may be non-exempt.
As Ms. Karila mentioned, you should call an experienced California employment law attorney to discuss your situation.
Good luck!
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