So to make a long story short I am an executive assistant in the entertainment industry. My former employer made me a salaried employee so they don't have to pay me overtime (hourly pay is the norm in my industry to assts) verbally assaulted me every day with foul language and yelling (calls and threatening texts even on Christmas Eve), made derogatory racial statements too me about my race, made me work almost 11-12 hours every day and assigned mandatory "homework" that takes a few hours every weekend, I had to be on emails and actively reply and work after hours including the weekends, laid me off cause they said they were paying me to much and now withholding my last paycheck. I've sent them numerous emails, calls and texts. Do I have a case here? Thinking of hiring a employment attorney.
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employer made me work overtime w/no pay AND holding onto my last check
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army judge
Super Moderator
Talk to an employment lawyer or labor relations attorney.
There are hundreds in your state ready to get you your money.
California takes all of what you purport happened seriously.
There are hundreds in your state ready to get you your money.
California takes all of what you purport happened seriously.
cbg
Super Moderator
Or, call the DLSE. They'll take care of it for you, for free.
http://www.dir.ca.gov/dlse/howtofilewageclaim.htm
http://www.dir.ca.gov/dlse/howtofilewageclaim.htm
army judge
Super Moderator
cbg
Super Moderator
What's more important to you? Getting what you are owed, or being able to sue?
(BTW, it is possible - not definite, but possible - that an executive assistant qualified as exempt and therefore is not owed overtime)
(BTW, it is possible - not definite, but possible - that an executive assistant qualified as exempt and therefore is not owed overtime)
cbg
Super Moderator
Not all bad things constitute illegal things or things for which you can sue. Just a heads up.
Talk to a couple of lawyers if it will make you feel better. They will at least be able to help you figure out what things you have in mind might give you legal recourse and which are just evidence that you're well out of there. The DLSE, however, is a better source for determining if you really were exempt (in which case you are not owed overtime) or if you should have been non-exempt (in which case you are). Note that not all exempt employees are salaried, and not all salaried employees are exempt. It is the exempt status, not how you are paid, that determines if overtime is due.
If you choose to file a wage claim rather than sue for the unpaid wages (if there are other "bad things" for which you have legal recourse you may be able to do both - it depends on what things you mean), the DLSE has the power to charge the employee penalties in the form of one day's pay for every day they are late paying you, up to a maximum of 30. They do not do so in every instance and it's entirely up to them when they do and when they won't (I'm sure there is some kind of algorithm about it but I've no clue what it is) but they CAN.
Talk to a couple of lawyers if it will make you feel better. They will at least be able to help you figure out what things you have in mind might give you legal recourse and which are just evidence that you're well out of there. The DLSE, however, is a better source for determining if you really were exempt (in which case you are not owed overtime) or if you should have been non-exempt (in which case you are). Note that not all exempt employees are salaried, and not all salaried employees are exempt. It is the exempt status, not how you are paid, that determines if overtime is due.
If you choose to file a wage claim rather than sue for the unpaid wages (if there are other "bad things" for which you have legal recourse you may be able to do both - it depends on what things you mean), the DLSE has the power to charge the employee penalties in the form of one day's pay for every day they are late paying you, up to a maximum of 30. They do not do so in every instance and it's entirely up to them when they do and when they won't (I'm sure there is some kind of algorithm about it but I've no clue what it is) but they CAN.
Betty3
Well-Known Member
Maybe. You would need to talk to an employment law attorney or two & discuss. cbg gave you info on filing a wage claim with the Ca. DLSE & what they might be able to do for you if you go that route.
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