Confused:
Here is my delima:I am trying to find out if my employer is ripping us off. I work in a group home for developmentally disabled adults. I am SALARIED with a set workweek of 74hrs (I know!) This includes 5 overnight shifts (10hrs) and 3 (8hrs) day shifts. I am allowed to sleep during overnight but must be available to administer first aid in emergency and do not get breaks. I sometimes have to stay a little later waiting for my relief because licensing requires the residents can't be left unsupervised. I don't mind 30min here and there. Now I get to the heart of the matter. My salary=$8.60 an hour. Sometimes when there is a staff no-show or someone is on vacation,sick,etc, I will get asked to work an "overtime" shift. I get paid for this shift (8hrs or more oftentimes) usually in cash and only $8.00 an hour. All of my coworkers say they get the same and some are under the impression that this because "withholding" has been taken out. Are we being ripped off? I can't find anything that says what the rules are for salaried employees working EXTRA shifts in california. Please advise.

Regardless of whether youa re paid a salary or hourly wage, the important factor here is whether you are exempt from federal and state overtime laws. Also, home health care workers are sometimes exempt from federal minimum wage laws.

Since your question is very specific to an industry, you may wish to contact the wage and hour division of the US Department of Labor to ask those question. The wage and hour division can be very helpful in determining whether potential abuse of minimum wage laws exists.

Best of luck to you and let me know the outcome of your discussion with the US DOL.