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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4967
Experience:  Extensive experience representing employees and management
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My current employer has set up my my wage scale as follows:

Customer Question

My current employer has set up my my wage scale as follows: I am being compensated $14.00. They claim that I am on "Salary". My alleged "Salary" is based on $14.00 Per hour for 160 hours. When my employer addresses this issue, I am reminded that I am making $14.00 per hour. My pay Stub reflects that my rate of pay is $14.00 per hour. My question is am I a salaried employee or am I an hourly employee? My employer expects me to be responsible for the store facility and work 10 to 12 hours per day for only 160 hours of compensation. I appreciate your response.
My name isXXXXX XXX@XXXXXX.XXX
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Fran-mod replied 1 year ago.
Hi, I'm a moderator for this topic. I've been working hard to find a professional to assist you right away, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you. Thank you!
Customer: replied 1 year ago.

I am ok with continuing to wait for an answer. Thank you for your effeorts on my behalf.


Steve

Expert:  Joseph replied 1 year ago.
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

From all appearances, it definitely seems that you an hourly non-exempt employee, so you would not be considered to be salaried.

Does your employer claim that you are salaried because you fit into a particular exemption, such as the managerial exemption?
Customer: replied 1 year ago.

Dear XXXXXph,


Thank you for responding to me. I apologize for not getting back to you sooner but I have been placed on a 12 work day by my employer. They claim that I am the "manager" in title. But the responsibilities I am responsible for are the menial jobs to maintian the operation of the facility. Example, I purchased and installed new eco friendly lighting in the warehouse/work areas so as to make work performance more safe and reduce electrical useage and prevent accidents. The previous lighting was track lighting in two areas only that was expected to light a 2000 square foot work environment. All of the managerial decisions are made by the owner and I am not a part of said decisions. Example, new prospective employees are being interviewed and I have no part in the hiring process. To date, they use the title of "manager" with me and in the same sentence reiterate that I am making $14.00 per hour. I am also working their second internet business by packaging and tracking sales from Ebay that my employer makes. I am not compensated for this work. My pay stub indicates that my wage is predicated on a rate of $14.00 for 160 hours per pay period. I figured this amount based on a 40 hour work week during a 4 week pay period. My employer began my wages hourly. When my wages are submitted for each pay period, it is based on a 160 hour pay period @ $14.00 per hour. My actual average hours per work period is on or about 200 (documented). Now I have been advised that my average hours per week will now be on or about 240 per pay period. My employer uses the "managerial" title in the same sentence with how much they pay me hourly on a regular basis. Also, during the past hours I have been working and this new schedule, I am not allowed a second lunch break, You can forget about regular breaks because they use the managerial title to satisfy whatever need they want and as a basis to exclude any breaks. Thank you for taking the time to address my concerns. I think the managerial exclusion as utilized by my employers is a fraud. Everything they do is prefaced by the fact that I am paid $14.00 per hour. I appreciate your input. If I don't get back to you soon, it is because I am working. I will respond tomorrow night at or about this time. Again, thank you for your assistance.


Sincerely,


Steve Odessky

Expert:  Joseph replied 1 year ago.
Hello Steve,

From what you've described, despite your employer's usage of the 'manager' title, you are actually a non-exempt hourly employee.

This means that you are entitled to a 30 minute lunch break for each 5 hours worked and are entitled to two ten minute paid breaks during a regular shift.

You are also entitled to overtime if you are required to work more than 8 hours a day or 40 hours during a week.

If your employer refuses to provide you with the meal and rest breaks in accord with California law and/or refuses to pay you overtime for hours worked in excess of 8 in a day or 40 in a week, you should make a complaint to the Department of Industrial relations for file a wage claim against your employer, which you can do online here:

http://www.dir.ca.gov/dlse/howtofilewageclaim.htm

Your employer is prevented from discriminating against you or retaliating against you for filing a wage claim, and if your employer does so, you would have an additional cause of action against your employer for wrongful termination in violation of public policy.
Joseph, Lawyer
Satisfied Customers: 4967
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

Dear Joseph,


Just curious, do you represent clients from this veniew? If not, could you refer me to someone? I appreciate your input. Thank you in advance. I look forward to hearing from you soon.


Sincerely,


Steve

Expert:  Joseph replied 1 year ago.
Hello Steve,

No, unfortunately JustAnswer experts are not allowed to represent clients due to the rules of the site. We are also not allowed to make any specific reccomendations for attorneys.

However, I am happy to refer you to a few sites to use to find an attorney. The following are good:

www.lawyers.com

www.avvo.com

www.martindale.com


I would suggest that you only hire an attorney on a contingency basis, fi you do, so you'd only be obligated to pay the attorney if you receive a settlement or verdict in your favor.

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