Legal Question in Employment Law in California

I recenlty starting working for a smaller company as a receptionist. My position I was told was a salaried position scheduled to work 4 days at a total of 40 hours a week. My 1st check was for one day, but it was deducted by 2 hoiurs because the company said I didn't work a full day. I then asked my manager and HR person if I was being deducted pay would I then be paid for overtime if I worked over 40 hours a week.. I was reassured that I was a salaried employee and my next week check was for a total weeks pay although I only worked 39 hours. The next week, I was told by my manager that I would be changed over to an hourly position which I signed a form saying so, but I was told that I would not qualify for OT even if i'm working 10 hours a day. I know that this is illegal and I should be paid OT, but my question is I feel that this was done as retailiation is it worth for me to pursue the matter legally. I've been unemployed for 1 year and don't want to go back to that life unless its worth it to me. Can you direct me


Asked on 9/24/09, 12:31 am

2 Answers from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

As you already know, you are most likely an hourly, non-exempt employee in the eyes of the law. A true receptionist does not qualify as a salaried, exempt from overtime position.

If you have not yet worked overtime, they do not owe you any additional wages. But if you do work more than 8 hours a day or 40 hours in a week, they must pay you at the rate of time and a half your hourly wage. They are also required to allow you to take a 10 minutes break for every 4 hours worked and an uninterrupted 30 minute meal break if you work more than 5 hours.

You should keep accurate account of your time. Preferably, submit time cards to the employer to show them how many hours you worked. But always make a record, for yourself, of when you arrive, take your breaks and when you leave each day. If you have to make a claim for unpaid overtime, your case will only be as strong as the records you have to support your claim.

Whether you wish to confront this employer now or later is up to you. Since the job is new, you may wish to see how things progress before making an issue out of it. If it appears you are being taken advantage of, you should meet with an experienced employment law attorney to explore your options.

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Answered on 9/24/09, 2:52 pm
Terry A. Nelson Nelson & Lawless

Receptionist are not properly a 'salaried' employee. Yes, you are entitled to hourly pay and OT under all the rules for hourly employees. If denied full payment, you could file a claim with the Labor Commissioner.

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Answered on 9/24/09, 3:12 pm


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