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Question

I work for a new company(women owned) that was started by financing from their husbands company. When I was hired my salary was set at $25.00 per hour but they said I would be salary a guaranteed $1000.00 per week. Within the first month there was a day that they didnt have any work for me so I stayed home but made some contacts from home. When I received my paycheck, I had been shorted $200. They said it was because I didnt work one day and I informed them that many days in the prior week I had worked more than 8 hours and never got paid anything extra, they gave me the $200. My paystubs state every week $25 for 40 hours even though thats not the real hours worked, its always more. Now they are having me drive a truck owned by their husbands company and doing work for that company. Today I actually was on the clock over 12 hours for the husbands company because they didnt want to pay one of their employees overtime. What are my options?

Submitted: 119 days and 6 hours ago.
Category: Legal
Value: $49
Status: CLOSED
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Optional Information

State/Country relating to Question: California

Already Tried:
Just talking to them about how I am unhappy about their work practices

Posted by DCrane 119 days and 6 hours ago.

Info Request

To be clear, are you considered a salary employee?

119 days and 6 hours ago.

Reply

That was how I was hired but they have tried to withold money from me for not working a day when they didnt have work and my paycheck stated I am hourly even though we agreed on $1000 a week.

Posted by DCrane 119 days and 6 hours ago.

Info Request

ok, do you have an employment contract or are you "at-will?"

119 days and 6 hours ago.

Reply

no employment contract

Posted by DCrane 119 days and 6 hours ago.

Info Request

ok, lastly, what exactly are your job duties?

119 days and 6 hours ago.

Reply

Driving trucks and dispatching, now its turned into bidding on work(which I have never done) and using my personal vehicle to look for work which was never talked about so I have refused to do that unless they pay mileage.

Accepted Answer

thank you, you are actually entitled to overtime. You are not an exempt employee per the Fair Labor Standards Act and should be paid hourly, not salary. See http://www.management-advantage.com/products/overtime-exempt.html

 

 

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Expert: DCrane
Pos. Feedback: 98.7 %
Accepts: 8736
Answered: 11/19/2009

Attorney

Negotiate, Draft, and Review many complex commercial agreements each year.

Posted by DCrane 118 days and 13 hours ago.

Answer

Have I answered your question?

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