Overtime, hourly pay employee

UPDATED: Jun 25, 2009

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Overtime, hourly pay employee

My wife, is working at logistic company and there are about 10 employees. She is being paid hourly basis and works more than 10 hours a day, however, she is not receiving any overtime pay. She was forced to sign a form asking employee to take some corporation in terms of salaries. President of the company told employees if you don’t sign the form then they have to quit the company. Furthermore, the president spend about 10-30k a month on restaurants, golf, clubs (with ladies service) using companies money.

Asked on June 25, 2009 under Employment Labor Law, California


J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Thank you for your question. You seem to be asking about many different issues and basically because of the complexity of this matter you are best served by contacting a local employment attorney, explaining exactly whats going on and deciding if you have a valid case to proceed with.

With that being said you have a couple issues. 1- the money paid by the president on golfing etc is a separate issue from overtime pay and there really is no law against that although depending on circumstances it can be a tool used when you proceed it it gets to that point.

2- you need to review the terms of the letter she signed. With the economy as it is many companies are initiating programs and different ways to save money and keep jobs. Threats are never ok however so I would be curious as to how that played itself out. Also depending on her employment contract, the newly signed letter and the policies of the company she may be entitled to overtime but it all depends on the specifics.

Feel free to post more specifically the terms on here or again I urge you to at least speak to a locl attorney to get a better idea of how to proceed. Good luck

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