Legal Question in Employment Law in California

Re: salary or slavory?

In California, employers are required to pay employees overtime if more than half of their work is non-managerial work. You may very well be entitled to overtime pay -- and can either file a claim with the state Labor Commissioner or file a lawsuit to recover what you're owed. Begin documenting your time by keeping a diary of when you began work and when you ended work every day. Feel free to write back or call me at (415)522-5200.

Re: salary or slavory?

File an 'unpaid wage' claim with the Labor Commissioner. They will advise you whether they think you are entitled to the claim. If you are truly a salaried exempt employee under the legal definitions in the Labor Code, the employer CAN require more than 40 hours and pay straight salary. Your oral agreement should have been put in writing, but even if that was done, your remedy for their demands is to find other work if you can't reach acceptable agreement with the employer. If you need to hire counsel for the Labor Commission hearings and trial, contact me.

Re: salary or slavory?

California employees are entitled to overtime (time and one half) after 8 hours in a work day and 40 hours in a work week as well as premium pay for the 6th and 7th consecutive days of work. If you would like an analysis of your claims, feel free to contact me directly

Re: salary or slavory?

It is apparent that your rights were indeed violated. Feel free to contact us to discuss this further. (510) 891-9800.