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shane198three
10-12-2005, 03:39 AM
California Overtime Laws???

I am a Service Tech for a Spa Company. I work on above ground spas.

I work on the road alot of the time.

Each day that I work in the shop I get
1x 30min lunch
2x 10min breaks

Each day that I am on the road, I do not get my 10min breaks, and usually don't get alloted time for a lunch.

That is not my question though.

I work around 55 hours a week.

my work pays me regular wage for the first 40 hours and
time and a half after that.

I am on the road with no allotted breaks for 15+ hours a day.

California State law only allows Freight Truck drivers to drive 11 hours in a day.

Also I am way underpaid wage wise, $8.00 and hour. been with the company since May 2005 so 5 months recieved a $1.00 increase.

Any Ideas?

Mondays - 8:30AM - 5PM = in the shop
Tuesdays - 8:30AM - 5PM = in the shop
Wednesdays - 6AM - 10PM = on the road
Thursdays - 8AM - 12AM friday morning
Fridays - 12PM - 5PM = in the shop

Shane
Shane198three@aim.com

bigtoe416
10-23-2005, 05:02 PM
Since your particular situation probably touches on multiple sections of the labor code I'd ask my employer why you're not getting paid overtime and if they give you some bunk answer or say you're not entitled to it I'd file a wage claim. Be sure to mention not getting lunch and breaks, the long driving hours, back pay since you started, and the lack of overtime.

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

You should be entitled to a 30 minute lunch break (usually unpaid time) and your two 10 minute breaks (usually paid time).

You should be getting 176 bucks for wednesday and another 176 for thursday since you work 16 hours in a day. $8.00 x 8 hours + 4 hours x $12.00 (time and a half) + 4 hours * $16.00 (double time).

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