Legal Question in Employment Law in California

I work for a company that has me make calls to his customers every sunday for 3 years with out pay. It takes me about an hour to make all the calls. If people dont answer I have to keep calling them also. Then he threatens to fire me becuase the customer complains I never called. I did call but the customer wants a free month so they say I dont call when I do. Do I have a lawsuit when he lets me go for non payment of time worked? Also he doesnt give us breaks or time for lunches ever.


Asked on 7/28/10, 4:46 pm

1 Answer from Attorneys
David Sarnoff Sarnoff + Sarnoff

The answer depends on whether you are an exempt or non-exempt employee. Exempt employees are not entitled to overtime pay or meal and rest breaks. However, if you are non-exempt, then you are entitled to overtime pay for every hour worked beyond 8 in one day or 40 in one week. This determination is generally based mainly on your duties as an employee and your salary or hourly wages. My law firm exclusively represents employees in the area of employment law, including wage & hour issues. Please call me if you would like to discuss your situation. The phone number is (213) 536-4236.

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Answered on 8/02/10, 5:00 pm


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