Legal Question in Employment Law in California

My husband has a company truck. He is not allowed to use it for personal use. His employer requires him to pay maintenence and repairs on this company owned truck. Is this legal? Also, he is a salary employee who works 60-70 hrs per week. The company deducted holiday pay for Christmas Eve and new Years Eve. Is this legal? Obviously, we think he is being abused and in this economy finding another job is highly unlikely.


Asked on 1/13/10, 1:49 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Vehicle expenses should not be his responsibility when unavailable for personal use. He may be improperly classified as salaried, and would then be entitled to back pay, OT, interest and penalties for unpaid time that he can prove. If properly salaried, he can be obligated to work as many hours as demanded, but shouldn't be docked for short time. If serious about pursuing this, he can file a claim with the Labor Commissioner, if they agree he is entitled to anything. He can then hire an attorney to help and represent him in the hearings and trial. If it goes to trial and he wins, he'd be entitled to his attorney fees. If he is retaliated against in any way for raising the claim, that is illegal and gives grounds for legal action. If he is serious about getting legal help, feel free to contact me.

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Answered on 1/18/10, 4:09 pm


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