I am a minority shareholder and owner of a company. The majority shareholder gave me annual salary. Originally offered to work 40 hours a week. But then later claimed that since I receive annual salary I must work any days needed without additional pay. This is for company’s need and I am a part owner. He said he worked the same number of days so should I. As an employee I believe I am entitled to over time pay, but as a part owner am I not entitled to the same treatment?
Far more would need to be known about your ownership status and your job responsibilities to give you an accurate answer. Overtime is only payable to non-exempt employees. You would be an exempt employee if you are paid a salary that is at least double the minimum wage assuming a 40-hour workweek, and you spend the majority of your time performing tasks that are considered administrative, professional or executive as those terms are defined in the Wage Order for your industry.
If you want to know the answer to this question the best course of action would be to locate and consult with an experienced employment law attorney to explore your situation. I would suggest you look either on this site in the Find a Lawyer section, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.
Most employment attorneys who practice this area of law offer a free or low cost consultation.
Good luck to you.
This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.
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