Legal Question in Employment Law in California
Overtime
My husband works for a mortgage company as a account executive. He works out of our home. He gets one thousand dollars a month salary at the beggining of the month. It is then deducted out of his commisions. It is more like a draw than a salary. The company wants him to work 12-14 hours a day. Sometimes clients send him loans at nine at night or on the weekends. The company will know if he does not respond to these clients. If he does not then they told him they will let him go. Can they make him do this?
2 Answers from Attorneys
Re: Overtime
In order to fully respond to your question, we would have to examine the activities that your husband is performing in order to determine if he is properly classified and if he is being properly paid. He may have a very valid claim for unpaid overtime against his company. Please feel free to call us or visit our website for more information.
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Re: Overtime
This is very common in California and it is likely your husband has a very good claim for unpaid overtime.
Please give e-mail me if you would like to discuss this further.