Legal Question in Employment Law in California

Overtime for Salaried Employees

My husband works as a manager in California for a major corporation that is headquartered out of Texas. The non-salaried employees are threatening to go on strike. He has been told that he will have to work 7 days a week and 12 hours each day without being paid any overtime. Is he going to have to work these kind of hours? And does he have to do this without being paid for working the extra hours?

Thanks!


Asked on 5/07/04, 3:31 pm

3 Answers from Attorneys

Scott Cole Scott Cole & Associates, APC

Re: Overtime for Salaried Employees

He may not have to, but I would need more details about his job position. You're best bet is to contact me directly at (510) 891-9800 to discuss.

Read more
Answered on 5/10/04, 11:42 am
Alden Knisbacher knisbacher law offices

Re: Overtime for Salaried Employees

The short answer to your question is companies can do whatever they want, whether or not it's legal. Is what they're doing legal? The company can require overtime work. 7 days at 12 hours per day without overtime is illegal. California has some of the best overtime rules in the country. A company cannot, under California law, force a manager to take on non-management work for the majority of his day, without paying the manager overtime wages -- time and a half and double time.

The question for your husband will be what to do if the company forces those hours on him. If he works them, he should keep careful records of his hours -- if not on timecards, then in some kind of journal. He could file a claim with the Labor Commissioner, or file suit for the wages. If he wants to leave the company, or feels he may be fired, he should complain in writing after the policy is instituted. . . How to document the situation, whether and when to file suit are issues that should be decided with the advice of a lawyer. Feel free to conatct me by email or at 415-522-5200. Good luck.

Read more
Answered on 5/10/04, 11:58 am
Donald Holben Donald R. Holben & Associates, APC

Re: Overtime for Salaried Employees

Contrary to the prior opinions provided, I believe he may. Is he actually considered an exempt employee? Many other questions. Call if you wish to discuss.

Read more
Answered on 5/10/04, 12:03 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in California