Legal Question in Employment Law in California

I am an Executive Assistant and after 12 months of employment, my boss insists I carry a cell phone so that he can reach me 24/7 for which I will not be compensated. According to him, the cell phone "is part of your job" which was never disclosed at interview or at time of hiring. Having never had a boss call me after hours, it wasn't a question that ever crossed my mind. On average, he calls the EA 50 plus times after hours per month, usually Friday night and all weekend. I am an exempt employee, probably to dodge paying OT. Is this legal?


Asked on 11/30/09, 5:29 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

You are probably correct that you are classified as an exempt employee to avoid paying overtime. While I do not know what your job description is, the title of Executive Assistant, alone, suggests you should be an non-exempt employee, which means you should be paid for all hours worked.

This does not mean you have to be compensated for all hours you are on call. But if the employer calls you about something business related, you are on the clock and should be keeping track of all your cell phone records and any other time worked so you can back up any wage claim you may wish to pursue.

It is always wise to consult with an experienced employment law attorney to learn what your legal rights and options are.

Read more
Answered on 12/07/09, 2:47 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in California