Legal Question in Employment Law in California
managers salaries
My husband is a manager at a retail store. qwhen hired they paid him a base salary of 42,000 year. after training which lasted 2 weeks his pay was reduced to 850.00 per month plus commission and bonus if the store meets monthly goal. he is required to work 40 hours per week but already has been scheduled and told to work on 3 seperate occassions 13 hour days. he has never been compensated for any overtime pay. As a matter of fact the person that reports the hours changes them if they are over so the company does not have to pay overtime. At 850.00 per month my husbands pay is only about 5.00 per hour. Is this legal? Do they have to pay him at least minimum wage? What about overtime?
4 Answers from Attorneys
Re: managers salaries
Based on the facts you have provided, you husband may have several claims against his employer. First, they have to pay him minimum wage. Second, if he is working overtime hours then he needs to be compensated for those hours accordingly. Consult with an employment attorney in your area or you may contact me to discuss your options further. In the mean time, make sure your husband keeps accurate records of all hours worked.
Re: managers salaries
Since he is being paid less than legally required for salaried personnel, he is entitled to claim hourly status plus overtime. He also has a claim of breach of contract as a second basis for his claim. Feel free to contact me for help in filing his claim, which would also include interest and penalties, with attorney fees if successful. Employment law has been a specialty of ours for over twenty years.
Re: managers salaries
That is illegal. They are required to pay at least minimum wage. The low pay would also require them to pay him for the overtime hours worked. We handle cases all over California on contingency -- feel free to send more details to the email below, and attach any records that you want (this site does not allow posting of phone numbers.)
Re: managers salaries
Your husband is being paid improperly and is entitled to overtime pay based upon the failure to pay 1.5x's minimum wage. He may also be entitled to further penalties and interest, and potential breach of contract claims as well. You should consult with an attorney as soon as possible to determine all of the potential claims.
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