Legal Question in Employment Law in California

Do I have a case to seek damages?

In December, I left a mgmt position at a women's boutique where I was a salaried employee because my employer refused to create a company policy that would ensure fair compensation. She withheld pay for a vacation, I addressed it, and having no handbook or employee policy on paper, asked if we could decide if I was a salaried employee or hourly, paid for time worked. She refused to discuss it and never provided a policy, stating only that I was to be a salaried employee who worked 5 days a week from 10-7 and would be paid for 5 days based on a 40k salary scale. I didn't not find this a fair package and left. Upon leaving, the employer insulted my character, further convincing me that my decision to leave was correct. I filed for unemployment, and she contested it. I was denied on the basis that I left the job for no good cause. I appealed that decision and won. She did not appear at the hearing but appealed the decision (filing late), and I had to go to court again. This prolongment has caused me much time and stress, and I feel harassed by her. Do I have a case to take to the Labor Commissioner to recover my lost wages and sue for damages for harassment? Thank you for your time.


Asked on 3/30/06, 4:38 pm

1 Answer from Attorneys
Patrick Turner Patrick E. Turner Inc. APLC

Re: Do I have a case to seek damages?

There have been many multimillion dollar class action lawsuits involving the improper classification of retail store managers. The employers wish to classify store managers as salaried exempt employees to avoid paying overtime. However, analysis of the employee's duties often reveals that the employee is doing the many or all of the same tasks as non-exempt, hourly employees, and are thus entitled to be paid overtime.

The determination of whether you are an exempt or non-exempt employee is not left to the employer. This is determined instead by the tasks you performed. If you did cashier work, sales, stocking, etc., for more than 50 percent of your work time, then you are likely non-exempt and entitled to overtime. You can contact California's Department of Labor Standards Enforcement or an employee rights attorney for more information and assistance with your specific situation.

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Answered on 4/04/06, 10:09 pm


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