Legal Question in Employment Law in California

I have worked for a company that sells ******* since October 2010.I work from 8AM-10PM 6 days a week and have never received "over-time" pay. I was sent to New York to under the assumption (because that was what I was told) of being promoted to open up my own store. After only a few months in New York, a week away of opening up my own store, the person I was working with decided to quit and leave New York. I was not provided given any travel money to leave New York. When I got back to California and started working again, I was told that I needed to start at the bottom again. Compensation for the job is: $348.00/week if you don't make any sales or $100.00 per sale. If you do have a week of no sales, the $348.00 must be paid back as soon as you have 3.5 sales. So if you you have 4 sales the week following a week of no sales, you will receive $52.00 as your weekly pay. And, this is working 6 days a week for 10+ hours a day. Somehow this just doesn't seem legal to me and was wondering whether someone might be able to inform me. There are several of us (employees of this company) that are wondering.


Asked on 10/21/11, 1:51 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Sounds like you may not have been properly classified as salaried exempt, and were really not a manager. If so, you could have a claim for unpaid compensation and OT, interest, penalties and attorney fees if you win. You can bring such claim in CA only for the time you worked here. You could bring a claim in NY for the time you worked there. If serious about pursuing the CA claim, feel free to contactt me.

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Answered on 10/21/11, 2:00 pm
Leon Greenberg Leon Greenberg Professional Corporation

I would agree it is very likely you are being denied proper overtime pay and/or minimum wages. You can visit my website or contact me. overtimelaw.com

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Answered on 10/21/11, 2:28 pm


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