Legal Question in Employment Law in California
Am I entitled to reimbursement for unpaid overtime?
I just resigned from my job as a ''sales representative''. I am very confused about my former compensation plan. According to the plan I was on a draw of $24,000 per year or commissions, whichever was greater. This was to be reconciled on a weekly basis. If I fell below the mark the difference would be deducted from the next paycheck.
The part that I am unclear on is as follows:
I was required to be at work from 7:30 am - 5:30. If I was absent or late the amount would be broken down into an hourly increment and taken out of the next paycheck. I was frequently required to stay late for training purposes and was never compensated for any of that time. I confronted my employer with this issue and his response was that the $24,000 is considered a base salary and therefore he can make deductions. If that is the case, should'nt it work in reverse order as well? It would seem to me that if he can deduct for time out he should also compensate me for time worked. I would really appreciate some input on this.
2 Answers from Attorneys
Re: Am I entitled to reimbursement for unpaid overtime?
You may have a claim for unpaid overtime and unpaid wages. The company can't treat you as salaried for one purpose and hourly for another; that would show you were really hourly, subject to overtime. 714-960-7584
Re: Am I entitled to reimbursement for unpaid overtime?
Your former employer cannot have it both ways-you being both a salaried and hourly emloyee. You can probably seek a satisfactory resolution through the state Labor Relations Board through a wage and hour claim. You need to have your dates and times documented to substantiate your claim. If you have any other questions, feel free to contact-Martin
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