Legal Question in Employment Law in California

No overtime pay, just strait time separate check with over 100 hrs of ot

i also have a truck that was in an accident while picking up parts for work, and boss man wont repair it.. As for the overtime hours , i was job foreman so i have all of the timesheets , and my ex-boss paid everyone a separate strait time check , instead of time and a half. We got one check for 40 hours x $45.49 with taxes taken out, and a separate overtime check for 2-35 hours ( depending on days worked ) x $45.49 that DID NOT have taxes taken out. I faxed a demand letter yesterday before driving to the shop to pick up my final checks ,stating that i wanted:

(a) my paycheck for 12-06-04 thru 12-09-04

(b) my paycheck for 11-29-04 thru 12-05-04

(c) my truck to be sent to a body shop to be paid by them.

(d) a check for items faxed in- reciepts of items purchased

(e) all the one-half time owed for overtime hrs

worked for the dates of 5-31-04 thru 12-09-04

the wage paid for ot was $45.49 per hour , but should

be $62.25 for approx 80-120 hrs (daily & sat)&

should be $78.55 for approx 30-50 hrs (sun)

There's also discrimination,the man who fired us,said to others ''us brown brothers have to take care of one another with this high wage, fuck those white guys , we will be here when work slows i'll see to it


Asked on 12/10/04, 2:16 pm

2 Answers from Attorneys

Scott Cole Scott Cole & Associates, APC

Re: No overtime pay, just strait time separate check with over 100 hrs of ot

Overtime pay is due for all hours over 8 per day or 40 per week for non-exempt employees. Our website (www.scalaw.com) has more information about this as well as about the remaining issues in your message. Feel free to contact us at (510) 891-9800 if we can answer any questions for you.

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Answered on 12/15/04, 12:01 pm
Thomas Pavone Pavone & Cohen

Re: No overtime pay, just strait time separate check with over 100 hrs of ot

It sounds like you have a wage claim as well as a claim for the damages to your truck.

The employers separate checks and fuzzy math indicate an intentional failure to pay wages and claims may include penalties and interest. Feel free to contact me at 818-981-3600

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Answered on 12/16/04, 4:16 pm


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