I am a non-exempt employee that is frequently paid OT at my full-time hourly job. Previously I worked 40+ hour workweeks 5 days a week. I have now started school and am only working 3 days a week (10 hours a day). According to California Labor Law is my employer required to pay me OT for my hours worked over 8 per day? Can the employer state that I have no right to OT compensation because we have agreed that I will normally work (3) 10 hour days because I'm going to school?

It is my undertstanding that to be a valid alternative work week you MUST work 4 - 10 hour days. Any regular deviation from this invalidates it and O/T must be paid.

Just a thought, but there is a bit more to having an AWS go into place then the employer's say so. You might might to check to see if your employer has actually done what they are required to do. If not, then the normal CA OT rules are in place.

http://www.dir.ca.gov/databases/dlsr/DLSR-AWE.html

http://www.dir.ca.gov/dlse/FAQ_Overtime.htm

Thank you for the input.