i have some questions about my previous job..
i worked 12~13 hours a day.. i wanted to get paid by hourly.. but my previous boss said then it will be too much to pay me so i said he will do monthy(salary) pay "Not Hourly"
i really dont understand why i had to work so much ..
so my paycheck was $2400 before tax.. so i get $1000 after tax every two weeks. total: $2000 a month
and even i work 12-13 hours a day the payroll said i work 40 hours a week .. but i worked 6 days a week..
there were no lunch time and no break time at all.. because i worked by myself all day.. open to close..
but one of my friend said this is not fair.. so i was wondering if i can sue my employer..
does anyone knows this is ok to sue my emplyer..? if yes how..? i dont have any time card.. i just have my payroll.
Elder Law Attorney
You can always sue, but the real question is do you have sufficient evidence to win? You may. Your own records of what hours you actually worked are admissible in evidence. If any co-workers or former co-workers are willing to provide testimony, that helps. You will need to show that you worked the overtime, and that you were not paid 1.5x your normal rate for those hours. Meal breaks are typically unpaid, if you actually took them, and if you were free to leave the premises and use them as you liked. Since you didn't have meal breaks, those would be included in your hours worked. You were not exempt from overtime, from what I can determine from your facts. It would be worth it to you probably to gather your documents and visit with an attorney, depending upon how long you worked there. You can go back and claim wages for three years, usually.
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Employment / Labor Attorney
I generally agree with Saphronia Young's thoughtful answer. I would only add that my strong suspicion is that you were treated illegally. It's hard to know whether you were working in a position that is exempt from overtime without more facts. Even if you were exempt from overtime, you have to receive breaks. You might go with a report to the Washington Department of Labor & Industries as a starting point.
-Alex J. Higgins