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California Salary v. Hourly question

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  • California Salary v. Hourly question

    My title is "Account Manager" in a small business (sole proprietorship) of 25 employees. My duties include the daily supervision of 3-10 employees (depending on the project). I communicate directly with our clients and do all the bidding and invoicing of jobs.

    First:
    I was originally hired as an assistant to the Account Manager at an hourly rate, but he left and I moved into his position. I have not received a raise since his departure and my review is coming up this week. The owner wants to keep me at hourly, but I think my title and job tasks are covered under the salary requirements. What are the laws in regards to my situation and where can I look them up/print them out?

    Second:
    On another note, he also talks about our profit sharing program as an alternative to raises. Currently, I am supposed to be paid 1/2 % of the company's profits as part of our profit sharing plan. I hardly ever get a check even when we make huge profits. When I do get a check, there are no numbers to substantiate the claims of profits. The amount is purely at the owner's discretion. I have no idea what the profits are and if I am indeed receiving my share. What do I do in that situation?

    Third:
    I was told by the owner not to accrue any overtime, but my department supervisor asked me to stay late and finish a project. I stayed, but the owner paid me at straight time and refused to pay me overtime when I was specifically asked to. Later, my supervisor gave me some extended lunches to make up the difference, but the owner does not know about it.

    I would really appreciate any advise on my current situation.

    Thank you.

  • #2
    1. If you're talking about "exempt" ("salaried" is merely a pay method), you can check here: http://www.dir.ca.gov/IWC/IWCArticle4.pdf

    2. I'm not sure you have an legal standing to ask for the numbers on which the profit-sharing checks are based. Stand by for a California expert (that's not me, at least for this question).

    3. Your "manager" is as good as the "owner" for knowing that you worked overtime. I'm assuming the "long lunches" occurred on a different day/in a different workweek? You can file a claim for unpaid (underpaid) overtime with the Division of Labor Standards Enforcement.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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