Legal Question in Employment Law in California

Employment law

I am a salaried Employee for a retail store. i am a manager along with 2 other managers in the same store. I have been there for 13 months. Over that time the company has done many questionable things that ineed answers to. Many times i am scheduled to work a 13 hour day without the opportunity to take breaks. This happens a minimum of 1 to 2 days a week. The policy is that a manager must be in the store the entire time and the other 2 managers seem to take a lot of days off on the same day.i am noever compensated for the overtime or given my legal meal breaks. Next, the store was closed on Easter.It was one of my regular days to work. My salary was doced for that missed day of work even though I am salaried. Next, Payroll has made errors on checks, not even printing check on time and we have to wait up to 2 weeks before their errors are corrected to get paid. No interest is ever added in. Next, They offer training classes but i have to go to them on my day off and not get another day off in its place. If they are out of town i have to pay my own transportation to get there and then i am scheduled the next day to work. I did not use my personal days last year and wanted to include them on vacation but was docked.


Asked on 4/27/08, 1:05 am

2 Answers from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Employment law

Retail establishments are notorious for misclassifying employees as exempt, when they may well be non-exempt employees in the eyes of the law. A key test is whether you are performing non-exempt work more than half the time you are working. This is a very detailed, fact specific analysis, so you will have to consult with an experienced employment law attorney to offer an opinion whether you are misclassified.

Read more
Answered on 4/28/08, 5:37 pm
Ryan P. McClure The Law Offices of Ryan P. McClure

Re: Employment law

You have many issues that need to be addressed. You should consult with an attorney to discuss the details of your situation.

Feel free to contact my office if you would like to pursue this matter.

LEGAL NOTICE: The information presented in this e-mail should not be

construed to be formal legal advice nor the formation of a lawyer/client

relationship.

Read more
Answered on 4/29/08, 12:37 am


Related Questions & Answers

More Labor and Employment Law questions and answers in California