Legal Question in Employment Law in California
Retaliation for asking employer to comply with Labor Law
I work for a District Manager of an insurance company. He is classified as an independent contractor. He pays me on a ''salary basis'' I say salary as he thinks that anyone that is paid the same amount once a month is a salaried employee, and that he can require as much overtime as he sees fit without paying overtime. I am a non-exempt from overtime employee..I may qualify as exempt in title, but not in the manditory 2 times minumum wage as my salary.
My employer will not pay me overtime and will retaliate against me by termination if I press the issue or has threatened to put me on hourly and take away my paid holidays and sick leave if I try to get him to comply. He says that there are plenty of people that will work the way he wants and not care if he breaks labor laws. so tough luck. What is my recourse? I don't want to loose my job, I just want him to pay me according to law. I have started a journal of all hours I work over 8 hours a day and 40 hours a week.
2 Answers from Attorneys
Re: Retaliation for asking employer to comply with Labor Law
You seem to be knowledgeable about labor laws, so you probably already know your options. You can file a claim with the DLSE and run the risk that he fires you in retaliation, in which case, you have a wrongful termination claim.
You can have an attorney contact your boss and risk the same result.
Or you can do nothing and continue working under onerous conditions and get sick of it until one day you quit or get fired and then make your claim. You can go back 3 or 4 years, depending on the statute that applies.
Continue to keep accurate time records and when you are ready to make your decision, meet with an employment law attorney in your area to assist you.
Re: Retaliation for asking employer to comply with Labor Law
You already know the answer: pursue your claim and risk termination, or keep quiet, or find a new job. Properly, you should file your claim, and if retaliated against, take action on that illegal firing.
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