Legal Question in Employment Law in California
Labor Law Help Needed
I worked 8 work days for an employer. Hired as salaried exempt employee. Worked 10-12 hr days. Not allowed lunch or breaks. General duties include Receptionist and Billing, Travel Arrangements. My direct report was to a supervisor, not executive or Manager. Requested final paycheck since I quit. Rcvd e-mail from employer stating they did not owe me money and wanted me to pay them for a partial day I missed due to a car accident. Did I even qualify for exempt status even though I have no duties that require independent judgement? Are they violating any labor laws excluding lunch/breaks? How do I get my final paycheck? What should I do?
2 Answers from Attorneys
Re: Labor Law Help Needed
Based upon your description of your duties, you were misclassified and should have been treated as a non-exempt employee. This means you are entitled to overtime for hours worked over 8 hours, and penalties for not receiving your breaks.
It is outrageous that they not only refuse to pay you but claim you owe them money. My advise is to go straight to the Labor Commissioner's office and file a complaint against the company, not only for wages owed you but for waiting time penalties equivalent to a day's pay up to a maximimum of 30 days for refusing to pay you.
You should also contact the Employment Development Department and report this employer for not paying wages and payroll taxes that must go with it. There are some serious penalties the company will be facing for their illegal practices.
Re: Labor Law Help Needed
There is a high probability that you have been mis-classified as an exempt worker, meaning that you may have claim for a substantial amount of overtime, as well as recovery for missed meal and rest periods. The applicability of the exemption requires more analysis that I can do with the facts provided, so I encourage you to call us at (510) 891-9800 to discuss the exemption and your rights to recover back wages.
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