Legal Question in Employment Law in California
My job was to work on the books for 4 construction jobs the company is in the processes of building.
My pay was figured as follows: There are 4 jobs, for 3 of them I was to receive $1000 each and the 4th $300. Totaling $3300 per month and I was classified "Salary". My schedule was Monday - Friday 9am to 3pm. I was given a time card to clock in and out each day. I worked 10.5 hrs one day and 7.5 hrs another not expecting overtime pay, and 6hrs. the remaining days.
After 8 days of working, it was mutually agreed that the employment relationship was not working out and I left that day. My check was for $657.00. The description area of the check read, Salary $657.00. I could not tell how the company came to that amount. Payroll taxes were deducted.
When I questioned the amount I was told because I only worked on one job during the eight days, I was paid on a prorated amount for the one job. Confused I then asked, "If my employment were to continue throughout the month and I worked on 2 jobs for the month, would have received a paycheck for $2,000 instead of $3300? The answer was Yes. There was never a discussion about this or anything in writing regarding my pay. I was told I would be a salary of $3300 a month.
Do they owe my the balance of the 8 days based on $3300 a month? Should my wage be calculated hourly and if so would I received the overtime for the 10.5 hour day? Or should my wage be broken down by the day? Or do they not owe my any more money? If I would have known I would not be able to depend on a set amount income per month I would have not accepted the job. As it turned out I left for other reasons and it wasn't an issue for a larger amount of money.
Thank you very much for you advice and time. This is a wonderful service you offer.
1 Answer from Attorneys
You should submit a claim to the Dept. of Industrial Relations, Bureau of Labor Standards Enforcement. They are on the web, and I believe they now have online claim submission available.