Legal Question in Employment Law in California

Are they cheating me??!

While on modified workman's comp, my job said I would be paid hourly (albeit at my salaried rate). I am an exempt employee. The catch is if I work under my 70 hours/pp, I get paid hourly. If I work over my 70 hours/pp I get paid salaried. Please, is this legal? Also I went out on WC mid month. Aren't they suppose to pay me my salaried full wages for the whole month and not have to use my sick leave? Thanks a lot


Asked on 10/01/02, 5:06 am

2 Answers from Attorneys

Re: Are they cheating me??!

-I would need more facts, but it appears as though this would be improper. You might also have a case of workers' compensation discrimination.

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Answered on 10/03/02, 11:14 am
JEB Pickett Wynne Law Firm

Re: Are they cheating me??!

Agree with Mr. Kreuzer that you may have a claim, depending upon further information. We would need to know the industry you're working in (i.e., type of employer and why you are "exempt"), whether there are any signed agreements concerning your hours and rate of pay and the exact nature of your pay periods (bi-weekly, 2x per month, etc.). This information is also necessary to determine your WC situation.

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Answered on 10/03/02, 11:26 am


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