Legal Question in Employment Law in California

I recently left a job where I was a salaried Assistant Manager for a fast food restraunt. I was salary for the last year only before that I was hourly. I worked 5 days a week 9 to 11 hours per day and I often did not recieve my meal breaks. I know that If I did not recieve meal breaks I am supposed to be paid a hour of pay. But im unsure how that works being salary. I was listed as exempt but i was 90% production so Im also unsure if this means I should be getting overtime also. I was told to sign a sheet when they switched us to salary that my salary was based on 40k a year based on a 50 hour work week. I know I did not qualify as exempt and unsure what I should do.


Asked on 1/07/10, 1:08 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

IF you weren't actually 'managing' for at least 50% of your time, you may have a claim that you were hourly and entitled to OT and breaks. However, most large companies are well educated on the laws and 'legally' take advantage of them with salaried status. You will have to prove different, based upon your facts. You can file a claim with the Labor Commissioner for unpaid compensation, OT, penalties and interest.

Read more
Answered on 1/12/10, 2:32 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in California