Legal Question in Employment Law in California

I am a greenhouse manager. I work 14 hours a day and get paid on a monthly draw of $750 and a commission from plants sold in stores at the end of the year after reconciling all the sales and after deducting the greenhouse labor of the company I work for, deducting the price of plugs, deducting the draw amount,deducting the price of all utilities, telephone bills, a 30% miscellaneous, and then I get paid with what's rest of all the sections. I would like to know if all these deductions are lawful. Please advise...


Asked on 9/08/14, 1:13 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Sounds like you made a really bad deal. If you have labored under this for any great length of time without complain, I question why you are now asking.

If you really are a salaried exempt manager, as long as you get 2x the minimum wage for a 40 hour week, they can work you as many hours as they like 24/7.

As to deductions, sounds like you agreed to a share of net/net/net profit, which can be 'legal' in some circumstances. They are really pushing the limits though, with what you describe. This is more like an owner's position, with all the risks of loss and high cost being paid before taking any 'profit' home.. Bottom line, I think you have real grounds for legal claim and complaint.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me.

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Answered on 9/08/14, 5:25 pm


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