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  • Wages/Breaks

    I work in sales for a company in California. Each day, when we try to take a break for lunch, the manager insists that we run to get our lunches at a carry-out (and get his as well) and return to the office to eat. More often than not, we don't even get time to eat because customers come in and need assistance. If we say that we are taking a full lunch break, the manager has a fit. I had been keeping a calendar noting the days we didn't get a break - meaning that we worked 9 hours - but the owner of the company left a message for me to "knock it off." (Maybe he doesn't want a written record that can be used against him.) We are all "salaried" employees; but aren't we still entitled to breaks? The owner says he will pay our salary and that's IT.

    Also, my days off are on Mondays and Tuesdays. Most holidays are on Mondays. So while other staff members get a short work week, I work my usual 5 day week without any consideration. I know it's unfair -- but is it legal? Isn't it discriminatory?
    Last edited by forgotten; 08-23-2004, 10:14 PM.

  • #2
    Lunches

    I cannot understand why some managers do the things that they do. As an exempt person, you are not covered by the wage and hour laws which govern rest and meal periods.

    On the other hand, if you are being treated harshly or even differently because of a "protected status", such as race, religion, age, gender, sexual harassment, sexual orientation, national origin, disability or pregnancy, you are covered by anti-discrimination protections under California and federal law. (Note: Sexual orientation is not a protected status under federal law. However, all of the other claases are.)

    Let me know if you have any other questions.
    Lillian Connell

    Forum Moderator
    www.laborlawtalk.com

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    • #3
      Does the fact that they pay us a "weekly salary" the only reason we are considered as exempt from wage and hour laws governing the rest and meal periods? If so, does that mean that from Jan. thru May when I was paid minimum wage that I WAS entitled to the rest and meal periods and/or OT for working over 40 hours per week?

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      • #4
        Exemption

        Determining exemption is much more than whether you are paid a salary. It is very dependent upon your responsibilites. Information about determining an exemption status may be found at:

        http://www.dol.gov/esa/regs/complian...irpay/main.htm

        Prior to yesterday, the minimum rate that was needed as part of the exemption test was quite low. So the answer to your question regarding back pay is "probably not". However, I don't know if you really should be exempt. If you shouldn't be, you are owed pay for overtime.

        Let me know if you have other questions.
        Lillian Connell

        Forum Moderator
        www.laborlawtalk.com

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