Legal Question in Employment Law in California
I am paid on straight commisions earned with a 3000.00 draw.If I make more than the draw monthly, does the employer still have to show my hours worked as well since I punch in and out for work on a daily basis. On average I work 200 to 240 hours per month with out meal breaks. If this is illegal practice and I can not seem to find an attorney yet to help do you have an attorney refferal program that can help.
1 Answer from Attorneys
You are having trouble finding an attorney to help because you are almost certainly exempt from wage and hour laws, except the meal breaks. And on that issue, it used to be that employers were required to make sure employees took their breaks. Of course that turned into a big scam for unscrupulous employees and their more unscrupulous lawyers. So the current rule is that breaks must only be made available. If the employee refuses to take them and works through them instead, it is not the employer's problem. So unless you are ready and able to show you are not allowed meal breaks, there is no case there.
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