California Employment Law
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A few weeks ago I recieved an email to all employees saying we are expectedtobe in the office between the hours 8:00-4:30 with a 30min. Lunch.
Thank you for letting know that my employer is violating the law by calling me a saleried employee but not paying me overtime for hours I work beyond 8 a day/40 a wk.and docking my pay for the few hours I miss from the office. I do at least 2-3 hours of work from home daily working on proposals. Even though I do outside sales my title is SALES and APPLICATIONS. I was told by our payroll person, that I was NOT outside sales because of that title. Futher she told me I was not to be paid my mileage as I put down that I my trip started from home and they would only pay mileage starting from the office even though I drive directly to customers to save milage as some of the customers I need to visit our closer to my home than the office.
Can they do that? Keep from paying me mileage because my trip starts from home? And can they make me pay back mileage they already paid me for? Also I was told if the trip is less than 10 mies they would not pay my mileage. Is that legal?
When I started I was told I woud be paid milage or given a car allowance and/or company car, since I was never given a car I have been paid for my mileage at .55 cents a mile.
You may actually sue the employer and recover your wages. Additionally, under federal laws (FLSA), you are also entitled to what is called Liquidated damages. 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:
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