Legal Question in Employment Law in California

My wife works at a law firm as an Admin Assistant. She's recently been recruited by her boss to work on (and wrap-up) a project that was previously being worked on (and billed for) by a Paralegal in the office. Her boss explained to her that the Paralegal on the case does not have enough time to work on the project, therefore, it was being handed to her. She makes about $20/hr. Her boss informed her today that their client agreed to pay $30/hr for the time she worked on the project, but she wouldn't be getting additional pay, even though she now has to keep track of the hours she works on the project, etc. Is this legal?


Asked on 2/08/10, 11:46 am

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Non-exempt employees must be paid for all work performed at no less than minimum wage. Anything above that is negotiable between the employer and the employee. If the employer only agrees to pay your wife at $20 per hour, there is no law that says she must be paid more, even though she is doing the work of a paralegal, as long is she is paid for the work she performs. If she performs overtime, she must be paid at overtime rates.

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Answered on 2/13/10, 1:20 pm


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