Legal Question in Employment Law in California

Hi, I live and work in CA and was hired as a support office role for a construction architecture firm. I was offered a salary of $32k/yr as salary exempt (no overtime). I'm paid bi-monthly. I found out recenlty that they are not paying me enough on an hourly rate to legally have me on salary to aviod paying me overtime. According to the CA employment website they have to pay me at least double the STATE minimum wage to have me truly be exempt. My question is what is my financial recourse against this? Can I collect the overtime that I've accrued? Am I due the difference in the yearly salary? $33,280 is the legal minimum to be exempt. Please help. Also, I am not a administrative role nor am I a manager. I have quickly evolved into a construction estimator where I am really on my own.

Thank you


Asked on 10/04/10, 9:08 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

You could file suit for unpaid comp, penalties and interest under the salaried qualification rules - i.e. for the $1280 owed. IF you are improperly classes as salary exempt, you'd be entitled to hourly pay with OT as appropriate for all time worked. If serious about pursuing this, feel free to contact me.

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Answered on 10/11/10, 10:53 am


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