Ghory

The Labor Commissioner awarded appellant Saliba Ghory overtime and penalty wages from respondents Issa and Nicola AlLahham, individually, and collectively doing business as Lahham Service Center and as Millbrae Mobil, his former employers. After a hearing pursuant to Labor Code section 98.2, the trial court ordered entry of judgment in favor of respondents. Because the trial court did not apply the controlling law to the facts, we must reverse and remand with directions to enter judgment in favor of appellant.

Background

The facts are undisputed. Appellant worked for respondents as a gas station attendant beginning on June 1, 1982, at a rate of pay of $1,000 per month. Respondent Issa Al-Lahham told appellant that the monthly salary was intended to cover both regular pay and overtime. Appellant worked 10 hours a day Monday through Friday and 9 hours on Saturday. His compensation was increased to $1,080 per month on June 1, 1983. Commencing on June 1, 1984, appellant no longer worked on Saturdays, and his compensation was reduced to $1,000 per month.

Appellant voluntarily quit his job on April 5, 1985. On April 9, he filed a claim with the Labor Commissioner for…