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Hi, My Husband brews beer in a brew pub which is part of a…

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Hi, My Husband brews beer in...
Hi,
My Husband brews beer in a brew pub which is part of a hotel. The hotels employees are covered by wage order 5.
He was taught this job by his employer. Its basically cooking, in a big pot, lifting 50 lb bags of grain into it. transferring it to ferment and then climbing inside and cleaning a huge pot basically a one man operation my husband. They put him on salary and called him a manager. The brewing and transferring always involve overtime.
There is no one but him, so he has been unable to take more than a few days off at a time for several years.
New management has taken over demanding more beer. He has been working many hours to try to keep up. The have put so much pressure on him and many people have been fired or (resigned??) in the past year making many employees very nervous about their jobs. He even got to the point of not being able to accrue vacation because he maxed out. and still could not take a vacation. Now, a year later some of the NEW management have been replaced and we're starting all over. He is exhausted and scared
OK, so, I finally got him to go to his boss and bring up the salary issue, is it legal? Of course nothing was really done except they told him he is not a manager anymore, gave him a 3% raise and that was that. his salary divided by the hours he works is barely minimum wage. Then I convinced him to go to HR about his salary issue, scared to death he did. That was approx a month ago nothing. I want him to bring this up again before we contact the State labor dept.
Is he covered under wage order 5, or maybe seperate from the hotel dept/ wage order 1?? I've researched but it's confusing. I don't think he should be on salary at all by what I've found. Can you help us
Submitted: 8 years ago.Category: Legal
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Answered in 3 minutes by:
6/26/2010
Lawyer: Brandon M., Counselor at Law replied 8 years ago
Brandon M.
Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12,620
Experience: Attorney experienced in numerous areas of law.
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Hello there:

1. does he have any decision making power in his job?

2. does he supervise or manage any other employees?

3. how much is he "salaried"?
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Customer reply replied 8 years ago
Decisions?? not really.He only supervises himself. and makes 39,000. + bonuses (which he has not received for approx 1 and a half years.
They are using him, I would be furious, He's just scared.
Lawyer: Brandon M., Counselor at Law replied 8 years ago
Hello again:

nothing in your description would indicate to me that it would be legal to classify him as a salaried worker. By default, the only alternative would be an hourly worker who would have a right to overtime pay.

Let me know if I may be of further assistance. Thank you.
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Customer reply replied 8 years ago
What about wage order one. It's confusing to me. that's what I want to understand
Lawyer: Brandon M., Counselor at Law replied 8 years ago
No need to apologize... it is confusing.

I cannot make a definite determination as to exactly which wage order he would fall under, if any, without examining his company and work, and without examining his collective bargaining agreement (if one exists). Wage Order One generally covers the manufacturing industry, so that would be a best guess, but I want to be clear that no matter what the wage order requirements are, it is illegal to have an employee on salary if they should instead be designated as hourly. I handled a case recently where a client got $55,000 in back pay because for years they had been paid a salary instead of an hourly rate.
Brandon M.
Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12,620
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Customer reply replied 8 years ago
Should we go to the Labor Board or talk to a lawyer. Should we talk to HR for the 3rd time. Will he be protected if we file a complaint?
Customer reply replied 8 years ago
Should we go to the Labor Board or talk to a lawyer. Should we talk to HR for the 3rd time. Will he be protected if we file a complaint?

Lawyer: Brandon M., Counselor at Law replied 8 years ago
Sorry for the delay; I did not see that your followup question had posted.

It is always a good idea to meet in person with an attorney before taking an legal action. Even if you just meet for 30 minutes, the information received will oftentimes pay for itself 10 times over.

There are whistleblower protection laws in California to protect employees from retaliation for reporting labor code violations.

I hope that this helps. Thanks again for your patience.
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