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CalAttorney2, Attorney
Category: California Employment Law
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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I have been working as an exempt saliered employee inamed

Customer Question

I have been working as an exempt saliered employee inamed san francisco california in a restaurant for almost 5 years now. The Gm resigned 3 weeks ago and now I am basically in charge. I have worked 16 says in a row since the Gm resigned.
Before the Gm resigned, my salary has always met the minimum or exceeded the threshold to be exempt, but my duties are way over 50 percent non exempt. I need to collect the other owed for the past. I worked a lot of 12 hours shifts and was told that I could not take meal breaks. I need help writing my demand letter in order to not be charged with extortion
Submitted: 10 months ago.
Category: California Employment Law
Expert:  LawTalk replied 10 months ago.

Good afternoon Jason,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. I have been a CA licensed attorney for more than 3 decades and I handle employment law issues.

This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might best suit your needs. If you are interested, for a very nominal charge of just $5 more I can offer you a personal phone conference during which there is no limitation on the number of questions you can ask of me, as opposed to continuing in this question and answer thread which is searchable and viewable by the public.

Let me know if you don't want a call and I will be happy continue here with an answer for you.

Either way, whether I call you or not, in order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. How many hours a week are you working as a salaried exempt employee?

2. What duties are you performing that are non-exempt?

3. Who are you writing a demand letter to?

4. Have you asked the IRS to look into your alleged exempt status yet?

5. How long have you been doing more than 50% non-exempt work?

6. What qualifies you as exempt in the employer's mind? Supervisor, Professional, Executive?

Thanks in advance,


Customer: replied 10 months ago.
Will you be able to help compose the demand letter?
Expert:  LawTalk replied 10 months ago.

I may not legally compose the letter for you, because I am not your attorney. I will however be able to discuss things that need to go in your demand letter, of course. I have personally prepared more then 2500 demand letters in my career.

Customer: replied 10 months ago.
Do I actually need an attorney to write the letter, or can I compose it. If the company were to be audited, they will be in many other violations. They paid cash to avoid payroll taxes and other shady things.
Expert:  LawTalk replied 10 months ago.

There is no reason you cannot compose your own demand letter.

Expert:  LawTalk replied 10 months ago.

Hi Jason,

Do you want my help or not?


Expert:  LawTalk replied 10 months ago.


Under the circumstances, I am unable to further assist you in this matter, and I am going to opt out of your question.

Your question is being placed back in the question list for other professionals to see, and to respond to. You do not have to stay online for the question to be active. Should another professional pick it up, you should be alerted by email unless you actively disable this feature.

There is no need for you to reply at this time as this may "lock" your question back to me, thus inadvertently delaying other professionals' access to it.

I wish you well in your future.


Expert:  CalAttorney2 replied 10 months ago.

Dear Customer,

My name is***** am another expert on the forum.

Here is a packet that you may find helpful in representing yourself in a wage and hour dispute with your employer.

It is a complete packet that includes how to calculate your lost wages, how to prepare a demand letter, and if necessary how to present a complaint to the labor commission (which is very employee friendly).


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