Legal Question in Employment Law in California

Hi :-) I live and am employed in the state of CA. I am a salaried employee to be paid twice monthly. In my position of Director Of Operations of a small and intimate Lakefront Resort with 18 cottages. In my position my "on duty" hours are Friday through Tuesday 9:00 A.M. until 7:00 P.M. and then on those days I am on call from 7:00 P.M. until 9:00 A.M. when I am behind the front desk again. Then my days scheduled off are Wednesday & Thursday. On both of these days off I am off from 9:00 A.M. until 7:00 P.M. then I am to be back on the property and on call again from 7:00 P.M. until 9:00 A.M. on both days off and then my days on start again...So, basically I am either actively working behind the desk or on call ALWAYS...right? Is this legal? Does not seem as it would be...working me like a dog and literally no time off hardly! I am required to live on the property as to be on call all the time so this is no perk and it is required.No extra pay for on call duties that arise...nothing, just salary for all of those hours I must be here. Help please!


Asked on 11/06/10, 1:23 pm

1 Answer from Attorneys

You are in an unusual job arrangement that is subject to special wage orders under the Dept. of Industrial Relations. I doubt you will find an attorney here who can quote you the rules related to your unusual job category without research, and doing legal research is beyond the scope of a free question. I suggest your best bet is to contact the Bureau of Labor Standards Enforcement of the Dept. of Industrial Relations and run it by them. That is where you would file a claim if there is a violation anyway.

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Answered on 11/11/10, 3:33 pm


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