Legal Question in Employment Law in California

Ok, I have worked for this company for over 2 years. I get $16 hour, but they only record me as 20hours a week. I agreed to that (verbally) because they were giving me 10% commision on sales from ebay in cash off books. The owner sold the company and the new owner didn't want to do that and put the commision on the books. Which I can understand. I'm still getting paid for 20 hours a week and 10% commision on the first payday of the month. The new owner just took away the commision which I relied on to survive. They are still only paying me for 20 hours a week. I want to say something but do not want to risk my job, but I want to be paid for my hours I'm at work. Is there some kind of legal course of action I can take in order to get paid for those hours I have not been paid for?


Asked on 6/04/12, 2:11 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

The employer is entitled to set and change hours, duties, titles, compensation, benefits, leaves, vacations, holidays, policies, rules, etc. just not retroactively. You can either comply, look for another job and then resign, or quit now and risk being denied unemployment.

If you are only working 20, that's all they have to pay you. If you are working more hours than you are being paid for, then you can file a claim with the local Labor Commissioner for unpaid wages, penalties and interest. You are supposed to be protected from retaliation, but life is not fair, nor guaranteed.

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Answered on 6/04/12, 4:39 pm


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