Legal Question in Employment Law in California
Should I be paid overtime and do I have a
I work from home for a FL. Co. Salaried 37.5-hour wk, but avg. 50-60 hrs. Mgr. bullies, insults, pushes production (I’m the 3rd of 5 to complain other 4 gave neg. feedback confirming complaints are same) Met w/ Upper Mngt; was told Mgr.was devastated after reading my email. (Sent to HR, outlining issues to be discussed and kept confidential) later told mistaken, she had not read it. Mngt. Agreed workload required. 45+ hrs and expected it done in 37.5 and still more could be done. HR told Director other 4 of my group gave neg. feedback re. Mgr. that confirmed my comments/complaints. As a result, Mgr.to work on people skills meets with all five to make amends. Director ordered a time study of workload. In spite of this, my manager has told at least one other employee, that she is upset with me.
I’ve had it and want to know my rights. I’m the only CA.based person in our group and don’t know if exempt or not. I work under minimal supervision and do not direct other employees. I accrue less leave time due to 37.5 vs. 40 workweek.
Is my employer violating CA. Labor laws? Am I being harassed? Any suggestions on what to do next? Thank you much!
2 Answers from Attorneys
Re: Should I be paid overtime and do I have a
Exempt status is determined on the basis of your duties, responsibilities and salary amount. California has several exempt catagories, Executive, Administrative and Professional. If you don't supervise 2 or more employees, you cannot be an exempt execitive and if you don't hold a professional license (doctor, CPA, lawyer, dentist, etc., you can't be an exempt Professional. That leaves administrative as a potential basis for exempt status. In addition, you must earn at least $28,080.00 per year.
I would need additional facts to determine whether you are non-exempt. Our firm has handled a number of cases for employees with out of state employers. Give ma a call to discuss your duties and responsibilities.
Re: Should I be paid overtime and do I have a
The determination of whether you are exempt or nonexempt depends upon what your job duties are. You should meet with an employee rights attorney in your local area to describe your duties and determine whether you really are exempt for nonexempt. Based upon the rest of your question, it does not appear that you are being "harassed" per the legal definition. It is very common for employers to expect employees to perform more work in less time; harassment only occurs when an employee is singled out because of the legally protected characteristics such as gender or race. Finally, you should continue to document your concerns regarding how you were being treated in your concerns regarding potential retaliation from your supervisor.
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