California Employment Law
California Employment Law Questions Answered by Legal Experts
The overtime declaration was only verbal, from 2 managers to 2 employed teachers.
I do not believe I am being treated unfairly based on a protected class. I believe it is because I work more overtime than other teachers, but that has been because I am the only one with anywhere near that many students (and even though my average rate of time per student has always been less than the maximum rate of 30 hours per 50 students).
FYI, I totally appreciate your honesty (even though it's obviously not what I wanted to hear).
2 follow-up questions:
1. Doesn't the precedent that they set during last summer and afterwards of paying me for hours worked over 30 somewhat override the exempt status?
2. If they do decide to dismiss me in the near future (for whatever reason they claim), which most likely would be for reprisal for reporting the practices to H.R., would that constitute any type of wrongful termination?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).