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John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5732
Experience:  Exclusively practice labor and employment law.
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I was a salaried kitchen manager at a restaurant in

Customer Question

I was a salaried kitchen manager at a restaurant in portland. i originally agreed to work 45 hrs a week with 10 of those hours being strictly administrative work. By the end of the year i was doing no administrative work, i was working the line up to 80 hrs a week but more on a average of 50-60. I wasn't punchin in or out so i don't have any records of exactly what i worked but i have a good idea what days and hours. Because we agreed but never signed a contract am I exempt from the overtime rules and do I have any case to get any back pay? I was also promised a week of paid vacation which they are now refusing to pay.
Submitted: 2 years ago.
Category: Employment Law
Expert:  John replied 2 years ago.

Were you doing any managing at all...if yes was it more than 50% of your work?

Customer: replied 2 years ago.
No. By the time i left the only management work i was doing was ordering. I don't even think 5 hours were put towards management responsibilities.
Customer: replied 2 years ago.
Misread that. Yes i was doing management work. No it wasn't anywhere close to more than 50% a lot of it was solo line cooking, dishwashing and prep.
Expert:  John replied 2 years ago.

Ok, so you were misclassified the entirety of your employment. You cannot agree to waive your hourly non-exempt status. You are owed overtime compensation at 1.5 times your average hourly rate, which basically wold be the weekly pay divided by hours. Your concern appears to be that you have no idea what hours you worked. That's ok, because the law put the burden on the employer to keep track of your hours...they fail to count your hours at their own peril. What you have to do is basically come up to the best of your recollection what hours you worked per week.

You should calculate the best of your recollection how many hours you worked in each of the weeks. Then take your matter to an attorney. Because you also have the vacation issue, it is better an attorney handle it than the Dept of Labor, which does not generally handle vacation claims. Likewise, you're owed attorney fees and double damages on the misclassification matter.

Expert:  John replied 2 years ago.

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