Legal Question in Employment Law in California

I am a salaried employee and want to know if I have any rights. At my currently employment I am denied breaks and lunches. I am required to work 11 hours a day plus one friday a month work an extra 3 hours and 2 or more Sundays a month work another 5+ hours. Is this legal? I know that I am salaried and they are not required to pay me for these extra hours but legally can they require me to come in on my off hours to work over and beyond? Any assistance would be greatful.

Joe


Asked on 2/25/11, 3:11 pm

1 Answer from Attorneys
Arkady Itkin Law Office of Arkady Itkin

Hello, Joe.

You are entitled to lunch breaks and meal breaks just like any other employee, whether you are compensate hourly or as an exempt employee. You should bring this to the attention of HR and if this doesn't help, file a claim with the local DLSE office (Department of Labor Standards Enforcement). Just google DLSE and on the homepage of their site you will find a link to "initial claim form" - fill it out neatly and concisely and submit it to the local branch. The process is fairly quick and simple, but if you need help in filling out the form and filing it, feel free to follow up.

Thanks,

Arkady Itkin

San Francisco / Sacramento Employment Lawyer

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Answered on 2/26/11, 9:33 am


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