Legal Question in Employment Law in California
Employer not following labor law
I work for an Insurance District Manager. He is considered an independent contractor. My employer paid me on a salaried basis, gave me a Management title, but did not pay me the 2 times minumum wage to justify the salaried position and the lack of overtime pay! When I brought this to his attention,and asked that he comply with the law, he retaliated by putting me on hourly wage and a wage cut! I also have 5 days sick leave per earned year. I started in April 06. In April 07 I took my 2 week vacation to have surgery. While I was out, he decided to BACKDATE the sick leave policy to go from January to January instead of earned. He backdated it to the prior January, which means I now have no sick leave for the next 8 months!! It seem like no coincidence that he did this on my one year employment date! He was angry that I missed 2 days of work for the surgery right before my vacation date.
I have not been paid overtime for the last year, I now am hourly as retaliation, and he is still trying to get me to work overtime without paying me by asking me to take comp time instead of getting money!!
I'm 56 years old, live in a city that does not have a vibrant job market, and he knows that I need the job.
1 Answer from Attorneys
Re: Employer not following labor law
I'm not sure what you are asking. You already know you are owed money for overtime and your employer is retaliating against you. Either you do something about it and run the risk of getting fired or you don't and continue to be mistreated. If you are fired for hiring a lawyer and filing a claim against him, you now have a wrongful termination case.
You'll have to decide what you want to do. Consult with an employment law attorney in your area, to help you figure out your options.
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