Legal Question in Employment Law in California

I have a friend who needs help. She works for a CA divorce attorney as a paralegal. He pays her very little (which is not the issue here but it sucks for her anyway), and she gets no insurance, etc. Here is the problem: She works overtime but rather than pay her at the legal rate of time and a half he merely puts on her pay check 86 hours every two weeks AS IF this is her base "salary." Her paystubs show this. I believe when she was hired her original paycheck didn't include those extra hours even though she worked them. He also sometimes makes her work during her lunch hour without giving her requisite time off or paying her for working through her lunch hour.
I believe this is illegal based on my research. She is NOT in any supervisory position, and makes NO decisions regarding how the legal office is operated. Therefore, I believe she is legally non exempt status. I need confirmation from a LICENSED attorney from CA who practices labor law. I also need advice what she can do to get back pay from her boss. The time she is expected to work through her lunch is not, is not on her paystub but she document it privately, however.

Asked on 8/30/11, 9:11 pm

2 Answers from Attorneys

Aryeh Leichter Leichter Law Firm, APC

0 users found helpful

0 attorneys agreed

It does not sound like your friend qualifies as exempt though more information is needed before a more definite determination can be made. From a legal standpoint, she can either file a complaint with the labor board or a lawsuit in state court. Before taking any action, however, she should definitely consult with an employment lawyer to weigh the risks and benefits of any course of action. If she would like to discuss the issue further, please have her give me a call (818) 579-3131 or email ([email protected]).

All the best,

Ari Leichter

Answered on 8/30/11, 9:29 pm

Mark as helpful