Legal Question in Employment Law in California
Pay Increase and how it is calculated??
Do I have a right to request documentation from my previous employer as to how a percentage wage increase was calculated? I worked at a company for nearly 9 years...first hired on a 50 hour week-then to 45 hours-then to 42.5 hours (ultimately I was suppose to go to 40 hours, tho dumb enough not to get it in writing-so my Manager screwed me out of that-even tho I was the only person working more than 40 in my dept.) I would receive a % increase of wages and at the same time a lowering of work week hours to make the raise seem more of a benefit. I asked for an increase explanation i.e.,did they base the increase on 40hrs. reg.time 2.5 hours O/T or whatever. I was basically told to shut up and stop causing trouble. Do I have a right to see how they based my increases?
2 Answers from Attorneys
Re: Pay Increase and how it is calculated??
Yes. First you have the right to review your personnel file, which should provide the basis for your pay increases. You also have the right to ask your employer the basis for your pay increases.
More importantly, as you have been working overtime for over 9 years, you should be asking whether or not you were entitled to overtime pay. If you are a salaried worker, are you certain that you are exempt from being paid overtime? IF you are an hourly paid worker, you should be paid overtime for every hour worked. While it is too late to recover for all of those years, you may wish to ask an attorney whether or not you have been properly paid during the period of time for which you may still recover overtime.
Re: Pay Increase and how it is calculated??
I'm not sure if you were an hourly or salaried employee. If you were an hourly employee you were entiled to a check stub showing the breakdown of how you were paid. If not, you still have the right to review you personnel file. If you were salary and subject to pay fluctuations on the amount of hours worked, you may have been misclassified and entiled to overtime. Call me if you want to discuss further @ 805/641-6600.
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