Cal Labor Law Dispute Questions

Hi. An employee who I fired in September of 2002 filed a complaint with the California Labor Board for back over time pay and for 92.38 per day for 30 days in penalties.

The employees name is Jody. She was hired as a salary employee at $1300.00 per month. In July 2002, I increased her managerial responsibilities and made her in charge of making executive decisions for the company, hiring, firing, training, and having reviews for all employees. Her new salary was $2000 per month.

The day after I fired Jody, all other 3 employees came in and gave notice to quit. Ultimately, I was able to salvage one employee throughout this process. A couple of weeks later, she informed me that Jody had made the employees fear me and that they had several meetings without my involvement talking about how I was not paying them correctly and informing all employees to document all hours and save the paperwork as they would file a formal complaint together. I had regular monthly meetings with Jody and never once did any of these concerns come up.

After this experience, I hired an outside consultant, Nvard Simonyan, to review my pay policies and to let me know if I was in fact doing things illegally. She informed me that the employees were salaried non-exempt employees due to their job responsibilities and I was responsible for overtime. Regarding Jody, she said that she became an exempt salaried employee in July/ August 2002 when her responsibilities moved to a predominantly managers role.

Once we resolved this, I had checks issued to all employees for the correct dollar amounts to pay for all overtime. For Jody, we adjusted her base pay from July 2002 - September 2002 to the $2,340 monthly required for an exempt salaried employee.

Recently, I received this complaint from the Labor Board and Jody asking for overtime from July 2002 - September 2002. Further, Jody is disputing the time I paid her for asking for about 30 minutes additional overtime pay per day. Some days are greater. When Jody handed in her timesheets, I had many conversations regarding them having to take lunches. I did not care if they ate at their desks just that they were to take a 30 minute lunch daily. I did not micromanage and let the employees take breaks as needed. Many times they would walk across the street to get a coffee or food during the middle of the day. Jody NEVER documented her lunches. I wrote about the lunches on her time sheets and discussed them with her.

A side note, Jody's car broke down and she started coming into the office at 4:30am when her start time was at 7:00am. I did not notice her coming in early as I came in at 7:30am daily. When I saw her timesheet, I asked her about it and she told me that it was the only way she could get to work as that is the time her boyfriend could drop her off. I let her know her start time was never to be altered and was at 7:00am. I lent her my car for a week and a half after that so that she could manage during this timeframe. All of this is documented on my copy of the timesheets.

Question 1: What about Jody's claim for overtime pay from July 2002- September 2002?
Question 2: What about her word against mine for the lunches daily? She is claiming she never took a lunch!
Question 3: What about the timesheet where she clocked in at 4:30am for the entire week and is claiming huge amounts of overtime?
Question 4: What about the differences in our timesheets as she kept a copy and turned one into me? We discussed challenges I had and documented it on my copy. I never thought of asking for her copy back. Even if I did, she may have made two copies etc. How could I protect myself better here?
Question 5: Do I have any legal remedy from a trouble employee like this? She caused my entire team to quit. She was supposed to inform me of challenges in the office and never once mentioned this. Do I have any rights?
Question 6: Is there anything else I should consider here?

Thank you!

1 answer  |  asked May 11, 2003 5:08 PM [EST]  |  applies to California

Answers (1)

Janet M. Koehn
talk to your corporate attorneys

your question is not one that should be answered in an internet bulletin board. your questions require skilled constultation and analysis, and an attorney would incur liability by advising you. your company undoubtedly has a corporate attorney, and this is why you have her/him. these are questions you should be asking your company attorney, and paying her/him to answer. you indicate you are not willing to pay for a consultation, yet you want skilled professional advice. this is not appropriate.

if you don't have a corporate attorney, there are many attorneys in your area that offer management-side employment law advice. you really need to consult with one.
janet m. koehn
ventura ca

posted by Janet M. Koehn  |  May 12, 2003 10:26 AM [EST]

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