Legal Question in Employment Law in California

I am a retail manager in California. Is it against the law for my employer to expect me to do my subordinates job? My employer doesn't give me enough (barely any) labor hours to do everything that needs to get done. The expectation then becomes that I do it. I just need to know if this is illegal. This could be a huge class action lawsuit I it is


Asked on 6/10/12, 10:37 pm

3 Answers from Attorneys

Joseph La Costa Joseph La Costa, Attorney at Law

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But if you are doing non supervisor jobs you have to be paid hourly for that as a general rule

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Answered on 6/11/12, 8:08 am
Terry A. Nelson Nelson & Lawless

The employer is entitled to set and change hours, duties, titles, compensation, benefits, leaves, vacations, holidays, policies, rules, etc. just not retroactively. Not only are there no laws against poor management, 'unfair treatment', or rude, obnoxious or harassing behavior by management or other employees, but in general unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or terminated any time for any reason, with or without �cause�, explanation or notice. Any employee's goal should be to keep their supervisors happy and make them look good to the company, and make the company money. That�s how the company pays employee wages. If you don't, then don't be surprised to be replaced.

As indicated, if you are reduced to an essentially non-exempt position, then you arguably would be entitled to hourly pay and OT.

If you feel you need legal help in this, feel free to contact me.

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Answered on 6/11/12, 11:33 am


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