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Tina, If I'm salaried in California, but my boss is

Hi Tina, If I'm...

Hi Tina, If I'm salaried in California, but my boss is requiring me to work 12-14 hours on weekdays and on both weekends which could be an additional 12-14 hours per Saturday and Sunday, is that legal, even if it's a salaried employee?

Lawyer's Assistant: Have you discussed this with a manager or HR? Or with a lawyer?

I haven't. I was thinking of talking with HR to find out, but wanted to know if there isn't anything I can do about it.

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

I don't belong to a union. I'm a Senior Instructional Designer, creating elearning courses, so I guess I'm at will?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Hmm, thank you, Pearl. I'm not sure what else I should indicate, besides being highly stressed and overworked, and don't have time with my familiy due to this job.

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Answered in 1 minute by:
3/17/2018
Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 38,821
Experience: More than 30 years in legal practice.
Verified

Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in satisfied customer ratings. So, we should be able to work through your problem.

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Customer reply replied 4 months ago
HI Loren, thank you for your help. Appreciated.

Before I answer a bit more detail would be helpful please.

1. Do you have a written employment agreement for a fixed term requiring cause for termination, discipline or demotion?

2. Do you believe you are being treated differently than other employees due to your age, race, religion, ethnicity, etc.?

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Customer reply replied 4 months ago
Thank you, I'd prefer texting here please.

You may get an offer for a phone call at an extra charge. That offer is not being made by me (the site makes it automatically) and you are not required to accept it to proceed. I am happy to continue online with you.

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Before I answer a bit more detail would be helpful please.

1. Do you have a written employment agreement for a fixed term requiring cause for termination, discipline or demotion?

2. Do you believe you are being treated differently than other employees due to your age, race, religion, ethnicity, etc.?

Ask Your Own Employment Law Question
Customer reply replied 4 months ago
Hi Loren, I don't have a fixed term - I'm a permanent full time employee. The treatment is happening for both of us in our department.
Customer reply replied 4 months ago
I don't think I have a written agreement, but I'd have to check. It's probably at will?
Customer reply replied 4 months ago
The company is housed in California

Thank you for the additional information. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get. I just ask that you not shoot the messenger.

Without a written employment contract requiring cause for demotion or termination, you are, under federal and CA law, in all likelihood, an at-will employee. As such, you serve at the whim of your employer. They can change your duties, compensation, schedule or even terminate for any reason or no reason at all.

The only exception is that any action taken against you may not be motivated by illegal discrimination (race, religion, disability, ethnicity, etc.) or sexual harassment.

If, upon further deliberation you think that may apply to your situation then you need to make a complaint to the EEOC as soon as possible.

Otherwise, without a claim, as described above, the courts view this as office politics and offer no judicial or administrative remedy. In other words, you would need to seek recourse directly with the employer.

I am sorry. I wish I could tell you otherwise, but I do not want you spinning your wheels on this.

If (and only if) you are completely satisfied that your question is answered professionally and accurately, even if not the answer you were hoping to get, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 38,821
Experience: More than 30 years in legal practice.
Verified
Loren and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 months ago
Loren, thank you so much. Good to know and appreciate your time. Very helpful and I think you're a great attorney. :-) As a former paralegal, I found your information concise and appreciated the attention to detail. Thank you for your honesty. Have a great day! Thank you, Therese

You are very welcome.

Thank you for your kind words. Best of luck to you.

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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).

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