Legal Question in Employment Law in California

Entitled to Overtime?

As a Restuarant Manager, I've worked 50 hours a

week for the last 7 months without receiving

overtime pay. My employer insists that I am not

due overtime because I am a SALARIED

EMPLOYEE. They recent cut my days, from 5 days

a week to 2 days a week, and also cut my SALARY

so that i am only being paid for those 2 days that I

work. Doesn't being a salaried employee mean

that i should continue to get the same pay even

though I'm working fewer hours? If they cut my

pay, then was I ever really a salaried employee?

I want to sue them for overtime. Do I have a case?


Asked on 8/19/01, 9:22 pm

1 Answer from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Entitled to Overtime?

Yes, there is a good possibility they lost their claim that you are exempt from overtime compensation. You should see an employment law attorney to review your case or go to the Labor Commissioner's office near you.

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Answered on 8/30/01, 12:25 pm


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