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Attorney2020, Lawyer.
Category: California Employment Law
Satisfied Customers: 2579
Experience:  I have significant experience in employment law.
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I believe that I have been misclassfied as an exempt

Customer Question

I believe that I have been misclassfied as an exempt employee during the past five years of my employment as an assistant manager of a restaurant in San Francisco California. More than 75 percent of my work is the same as the other employees and I have been misclassfied and not paid overtime or been given meal breaks. I want to send a demand for payment of my overtime and meal breaks in order to not go to the dlse and file.
Also, the GM recently resigned 0n 9-9-2016. I have been working 23 straight days and have not received any extra compensation. I have basically taken over as the gm and went from having Monday Tues and wed off to working every day. I was told that my salary would be raised by $3000 per year from 48000. I just received my paycheck and the raise was not included. I emailed the CEO and he said it would begin next pay period.
I need a lot of help...
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Attorney2020 replied 1 year ago.

You can send a demand for owed wages. In order to do that, you ill need to calculate your wages owed such as your overtime. Since you are on salary, you can calculate your hourly rate by dividing your weekly salary by 4 and then dividing that number by 40. Equation hourly rate = (weekly salary/4/40). Once that number is ***** you will have to figure out how many overtime yours you worked and then multiply the amount of overtime hours you worked by hour hourly rate and then times that number by 1.5. You would also be entitled to interest payments to on your owed wages. When you have compiled you damages, the letter should simply request your payment in full.

I hope that helped. Please ask any follow-up questions. Please rate my answer so that I may be credited for my time. I thank you in advance for your cooperation.

Customer: replied 1 year ago.
Can I threaten to file a multi plaintiff case with the dlse? Or is that extortion?