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Legal Counsel
Legal Counsel, Lawyer
Category: California Employment Law
Satisfied Customers: 103
Experience:  California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.
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MY DAUGHTER IS WORKING FOR A COLLEGE IN SAN FRANCISCO AND IS

Resolved Question:

MY DAUGHTER IS WORKING FOR A COLLEGE IN SAN FRANCISCO AND IS TOLD TO WORK LONG HRS 12 TO 13 A DAY 5 DAYS A WEEK TO TRY TO KEEP UP WITH THE WORK LOAD AND WAS NOT INFORMED OF THIS WHEN SHE WAS HIRED.
SHE WAS TOLD BY ANOTHER PERSON THAT THIS IS TO MUCH FOR ONE PERSON, BUT THEY DO NOT DO ANYTHING ABOUT IT.
SHE HAS HAD CRYING SPELLS AND PANIC ATTACKS AND HAS HAD TO GO TO THE DOCTOR WHO TOLD HER TO TAKE A WEEK OFF, THAT THE WORK WAS FAR TO MUCH AND TO MUCH SITTING TIME CAUSING NERVE PROBLEMS IN HER LOWER BACK AND GLUTUS.
SHE IS ON SALARY THEREFORE GETS NO OVERTIME PAY.
DOES SHE HAVE A CASE OR SHOULD SHE JUST QUIT AS SHE IS THE SOLE PROVIDER RIGHT NOW FOR HER FAMILY.
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Legal Counsel replied 2 years ago.

Legal Counsel : Hello. I am Legal Counselor. I am reviewing your question and will respond soon.
Legal Counsel : I will try to answer your question without having to ask any questions. If your daughter is an hourly employee ad should not be considered "exempt" from the ovetime laws. Under California law, if she is not an exempt employee, her employer must pay her one and one-half (11/2) times her hourly rate for every hour worked in excess of 8 hours in one day or in excess of 40 hours in one week. For every hour she works in excess of 12 hours in one day, she is entitled to doble (2x) her regular hourly rate of pay.
Legal Counsel : She is also entitled to a paid 10 minute rest period for every 4 hours worked, and the 10 minutes are incuded in computing the number of hours she works, and the 10 minute rest period must be given during the 4 hours. She is also entitled to a 30 minute meal peroid for every 5 hours worked. She is also entitled to a second 30 minute meal period, if her total hours worked in one day is more than 10 hours. She can agree to not take her 2nd meal period but it has to be by her consnet, and only if she doesnt work more than 12 hours in a day. She is not neccessarily considered "exempt' from the overtime laws because she is on a salary. The nature of her work duties is what determines whether she should be entitled to overtime pay. If her work duties are not at least 50% of "exempt" type work, then she is considered an hourly employee and is entitled to overtime pay for all those long hours she has been putting in. Of course, determining whether your daughter is an "exempt" or "non-exempt" employee, it is important to know what is her occupation and her work duties. If she works under a supervisor, she may be entitled to overtime. But if she is a professor or someone who is not supervised, she may be exempt.
Legal Counsel : If your daughter is entitled to overtime pay for all of her long hours, please help her get payment for all those hours. The local office of the California Labor Commissioner will assist her in receiving payment. She needs to fil out the paper work and list the hours. If her employer has failed to keep track of her hours, the Labor Commissioner will accept your daughter's records of her hours. If she is the sole family provider, I certainly would not want her to quit. Remember that her employer cannot fire her for seeking payment of her overtime wages. .
Legal Counsel : If I have adequately answered your question and given you helpful information, please "Accept" my answer and rate my service. It is imporatnat to me that I provide you with excellent service and help you with your question.
Customer:

I already new most of what you said and like I said she is salary and is pretty much made to work a lot of overtime and a superviser that yells a lot to get work done and she works almost nonstop, always complaining she is always behind and if she takes breaks or lunch she falls further behind.

Legal Counsel, Lawyer
Satisfied Customers: 103
Experience: California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.
Legal Counsel and 3 other California Employment Law Specialists are ready to help you
Expert:  Legal Counsel replied 2 years ago.
Hello again. Please don't allow her to continue to endure that kind of treatment. She is entitled to all of that overtime. Her family needs those wages. Plus, once she files with the Labor Commisioner, the employer will be required to pay penalties for every day that they wilfully failed to pay her wages, up to 30 days. The employer may also be subject to pay penalties to her for failing to give her the required rest and meal breaks. If she does not feel comfortable filing a claim with the Labor Commissioner, please have her consult with a local employment law lawyer to help her. If she is suffering physically from all the stress, she should apply for her overtime wages, and also consider going on stress leave under the state disability program. She should go see her doctor and her doctor will determine whether to write an order for her to take stress leave. It is not good for her health or her family if she gets sick. They also cannot fire her for going on disability leave. I sincerely XXXXX XXXXX takes action to protect her rights, so she can continue to support her family.Please help her protect her rights. If I can help you with any other issues regarding this matter please do not hesitate to check back in and ask for me - Legal Counsel.
Legal Counsel, Lawyer
Satisfied Customers: 103
Experience: California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.
Legal Counsel and 3 other California Employment Law Specialists are ready to help you
Expert:  Legal Counsel replied 2 years ago.
Thank you so much for accepting my answer. If you ever need any additional help, please ask for me as "Legal Counsel." I wish your daughter the best of luck. She deserves to be treated fairly and lawfully.

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Legal Counsel
Legal Counsel
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California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.