Legal Question in Employment Law in California

My girlfriend was hired as a salaried employee also, and is told she must use sick time to be off of work, but doesnt make overtime when she works it. Can she file a claim against her company? She is scared of being fired if she does file a claim.


Asked on 3/28/11, 4:03 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

If properly classed as salaried exempt, she may be required to work any hours the company demands, without OT. The employer can require vacation and leaves be used for sick time. Welcome to the world of salary.

If she is saying she is NOT PROPERLY classed as salaried exempt and works over 8 or 40 without being paid OT for it, then she may file a claim, and may hire an attorney to represent her. No one can promise her she won't be retaliated against, but if she is, that provides grounds for a separate lawsuit.

If she is serious about pursuing either, have her contact me.

Read more
Answered on 3/28/11, 4:45 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in California