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LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 27888
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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i am a salaried employee, my boss has no medical benifits provided.

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i am a salaried employee, my boss has no medical benifits provided. we work 12 to 14+ hours a day and naturally no extra pay(which i understand).I am required to work weekends at a moments notice.Some of the time it ends up being 2 to 3 hours, boss wont pay for the day stating "you worked 2 hours i will pay you for a half day".Also the last 9 times in a row i have been chosen or substituted for other drivers to take a random drug test.( this is a 2 1/2 year period)Lastly cant get any time off to tend to my injury.(happened on job)without boss threatening "loss of job" if time taken off.I am not the only one who is having these issues. question......is any of what is being done by my employer wrong or dishonest. please let me know, hard to take pain in my knee much longer. Thank You, XXXXX XXXXX
Submitted: 2 years ago.
Category: California Employment Law
Expert:  LawTalk replied 2 years ago.
Good morning,

I'm sorry to hear of the situation.

Tell me about yourself. How may employees to you sup revise, what is your education level, what is your primary responsibility in your job?

Doug
Customer: replied 2 years ago.

8 drivers responsilibilties include help load trucks, route drivers, drive and deliver freight myself, field calls from dispatch and boss

Expert:  LawTalk replied 2 years ago.
Good morning,

I'm sorry to hear of the situation.

Your primary job does not appear to be a supervisory position---and I presume that you do not have a masters degree or a PhD either. So, that make the company's classification of you as a salaried exempt employee very possibly illegal. They can not simply call some exempt from overtime simply because they pay them a salary.

If I am correct in evaluating your situation, you may be able to collect overtime for all the hours that you have worked more than 40 in a week, dating back 3 years!

Additionally, if you can show that they employer deliberately misclassified you, you may seek liquidated damages as well. Liquidated damages is equal to the amount of back wages that they owe you and must be paid in addition to the wages themselves---so you essentially get double overtime wages in the claim based on their willful failure to pay you. http://labor-employment-law.lawyers.com/wage-and-hour-law/Liquidated-Damages-and-FLSA-Claims.html

Here is an excellent article which deals with pursuing an FLSA claim---which you may do in either state court or federal court. Do take the time to review it: http://www.peterslawfirm.com/scottpeters/publications/trial%20aug%2008%20peters-walton-1.pdf

I urge you to meet with a local Employment Law attorney to discuss this matter. based on your suggestion that you work as much as 20 to 30 hours of overtime a week---even if you earn just $10.00 an hour, the money you may be entitled to could be as high as $75,000.00.

Here is a link which explains what it takes to be classifies as salaried exempt in the first place:

http://careerplanning.about.com/od/federallawsus/g/def_exempt.htm

I hope you found my answer informative, even if the law is not necessarily in your favor. Please Accept my answer so that I may be compensated for assisting you. I wish you the best in 2012.

Doug
Customer: replied 2 years ago.

i get paid 150.00 dollars a day, i work at least 12 hours a day 6 to 6 or longer, i am receiving calls 24/7 from drivers, wherehouse and disbatch. night linehaul drivers work graveyard shifts, warehouse supervisor who also works graveyard calls to inform me about how much freight and to who and when it has to be delivered so i can let them know what trailers to use and the driver who will be making the deliveries. we have 53 foot trailers and bobtail trailers. there could be as much as 8 delivers on one 53 footer. i get calls when im at home all the time at 10, 11 even 1 in the morning when ever they need to find out about something. i dont get any extra pay for being on call 24/7 with any problems or answers they might need. my boss is an owner/operator and at will employer, we have no benefits and if we miss work we dont get sick leave most of the time we work on the weekend to make up for days pay that we missed. there have been times that he did pay me for the day i was sick but usually he dosen't. is there anything i can do now to make my situation any better or do i have to take him to court and if i do that that means i will no longer have a job. i know i should file a claim against him what is your advise. and again thank you for listening to me and letting me vent. ron

Expert:  LawTalk replied 2 years ago.
Good morning, Ron,

I can only tell you what your legal rights are. Whether or not you choose to act on those rights are entirely up to you. You have to decide whether the possibility of a significant 5 figure payday is worth risking your job for.

As for the advise---I am not in a position to tell you what to specifically do---which is why I specifically suggested that you see a local employment law attorney. There are many facts that I am not aware of that your attorney will need to consider in outlining a plan of action.

You seem to have a viable claim. Take it from here and speak with a local attorney if you are interested in pursuing it.

Either way, I wish you success in your future!

Because I help people here, like you, for a living---this is not a hobby for me, and I sincerely appreciate your abiding by the honor system as regards Accepting answers. I wish you and your family the best in your respective futures.

Would you be so kind as to Accept my Answer so that I may be compensated for assisting you? Bonuses for greatly informative and helpful answers are very much appreciated. Thanks Again,

Doug
LawTalk, Attorney
Satisfied Customers: 27888
Experience: I have 30 years of experience in the practice of law, including employment law and discrimination law.
LawTalk and 2 other California Employment Law Specialists are ready to help you

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