Legal Question in Employment Law in California

Overtime Payment Offer

Last year, my previous employer sent out a survey regarding total hours worked to determine if employees (current and former) were due unpaid overtime. I filled out the survey even though I did not think I was eligible (I was in sales and received a salary base plus commission). Then, in early July of this year I received a settlement offer letter ''pursuant to the settlement of a lawsuit filed under California Business & Professions Code section 17200.'' The letter said I could accept the offer by mailing in a signed acceptance lettrer by August 7, 2003. I decided to accept the offer and I mailed in the signed letter last month. Then yesterday I received a follow up letter stating that my offer must now be modified because the law firm made an error and additional surveys needed to be sent to employees who were not included the first time around. The result will be that my settlement will be less. Does this sound reasonable? Was signing and mailing the letter by the original date binding in any way?


Asked on 8/08/03, 2:08 pm

1 Answer from Attorneys
Donald Holben Donald R. Holben & Associates, APC

Re: Overtime Payment Offer

Are you an exempt employee or non-exempt. It appears from the info you provided that you may be exempt. Do you supervise persons, do you have your own hours, must you do work at a specified location, etc., etc. All this and more must be know before we can know if you are entitled to overtime pay. If you are exempt, likely no right to overtime pay. If you are not an exempt employee, you may have entitlement. I would call the law firm that sent you the letter and ask many questions. If you would like to discuss this with me, call. Don Holben 800-685-6950.

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Answered on 8/11/03, 3:56 pm


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