Legal Question in Employment Law in California
Lone Employee for Corp. needs advice on Fair Employment Package
Thanks for taking my question. I am the only salaried employee for a couple who run a film corp and a fashion store. I am the store manager and keep books for the film corp, the store, and the couple's personal accounts. Right now, my employer is paying me only for days worked and withholding pay for holidays and sick days even though I work 8-10 hour days when I am present. I more than exceed 80 hours per two week pay period. I also have no health insurance or 401k plan and no breaks during the day. Is this legal? Is there any way to protect myself and ensure I am compensated fairly for my work?
2 Answers from Attorneys
Re: Lone Employee for Corp. needs advice on Fair Employment Package
They are required to give you at least a half-hour lunch break and two 15-minute breaks during the day, depending on the number of hours you work. In addition, you're entitled to time-and-a-half for any time worked in one day over 8 hours or a weekly total of more than 40 hours (but not both). You can complain to the California EDD (Labor Board). However, don't be surprised if the complaint gets them pretty upset.
Re: Lone Employee for Corp. needs advice on Fair Employment Package
From you description, it appears that even though you have the title of "manager" and are paid a salary, you may be actually "non-exempt" and be entitled to overtime. Whether an employee is non-exempt depends upon the duties the employee performs, not the decision or agreement of the employer or employee.
However, if you are a salaried employee, the employer must pay you the full salary for each week in which you perform ANY work, even if it is just a few hours or a day. Accordingly, you should get your full salary for even those weeks which include a holiday. Get more information or assistance on this issue from the Division of Labor Standards Enforcement (Gov't white pages), or from an employee rights attorney.
Other benefits, such as health insurance and retirement plans, are not legally required, and are provided at the discretion of the employer.