pay

My boyfriend works for a company that manufactures lockers. He is a salary employee (not paid overtime) and is required to work a 50 hour week. He is supposedly the office manager but he is not in a position to make any decision there are 3 other employees who work with him at this office with the main business up north. He does the same work as the other employees he works with plus the office part. would he be considered extinct from the overtime. Also he agreed with his employer to do some side work on the building he had some estimates for a job that would have cost 2500.00 plus materials my boyfriend agreed to do the work on his time off with a friend of his for the sum of 1000. Plus materials. Now that the work is done his employer has written a check for 500 for the friend but insists that my boyfriends share would be added to his next paycheck. This is not right as this was work done on the side and this means he will be paying way higher taxes. Do you have any advice on this as this was a side job and not what was agreed on and they are paying the friend his 500 its not that he is trying to not pay the taxes on this its is just that this will make his regular pay go to a higher tax. thanks Barbara

1 answer  |  asked Feb 23, 2004 7:21 PM [EST]  |  applies to California

Answers (1)

Janet M. Koehn
misclassification

your boyfriend's bigger issue is he has been misclassified as an exempt employee. he is entitled to overtime for all hours worked over 8 in a day and/or 40 in a week. the "extra job" should also be paid at the overtime rate if the boss insists on including it in the regular paycheck.
whether your boyfriend wants to pursue these claims, at the risk of his job, is another issue.
your boyfriend should contact an attorney experienced in employment law to discuss his options.
janet m. koehn
805-658-0655

posted by Janet M. Koehn  |  Feb 24, 2004 02:34 AM [EST]

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