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CALIFORNIA OVERTIME AND WORK HOURS California

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  • CALIFORNIA OVERTIME AND WORK HOURS California

    Ok, so I am very confused. My boyfriend just moved here from Puerto Rico. He does not speak english. The only job he has been able to get is working with a company that cleans floors for different offices. He starts work on a monday at 6pm-2am. same for Tuesday. Wednesday and Thursday they give him off. On friday he goes into work at 6pm til 2am. On Saturday morning he works at 6:00am til 2pm. and on Sunday 6:00am til 2pm.

    he gets paid 2x a month. When he does work over 40 hours over in one week, they denied him overtime saying that because he didn't work the week straight through that he was not entitled.
    Please inform me of the rules here.
    Also what are the requirements for lunch breaks? And does his schedule seem okay with the laws.

  • #2
    http://www.dir.ca.gov/dlse/FAQ_Overtime.htm

    http://www.dir.ca.gov/dlse/FAQ_MealPeriods.htm
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      still confused

      Before coming to this labor law talk forum, i actually read that website.
      And wasn't sure what exactly a work week meant. and if taking one day off inbetween the work meant that my boyfriend was exempt from getting overtime pay.

      That is why I sent the thread. Maybe someone knows and understands better than I am reading.

      because I don't see where it says you have to work 7days straight in a week to get over time.

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      • #4
        The "workweek" was defined on the first webpointer that I gave you. This is actually a federal law term (FLSA) that CA is just borrowing from federal law. Not that CA has choice. Federal law is applicable everywhere in the U.S.

        workweek
        Any seven consecutive days, starting with the same calendar day each week beginning at any hour on any day, so long as it is fixed and regularly occurring. "Workweek" is a fixed and regularly recurring period of 168 hours, seven consecutive 24-hour periods. An employer may establish different workweeks for different employees, but once an employee's workweek is established, it remains fixed regardless of his or her working schedule. An employee's workweek may be changed only if the change is intended to be permanent and is not designed to evade the employer's overtime obligation.


        because I don't see where it says you have to work 7days straight in a week to get over time.
        There are actually 5 overtime rules in CA, 2 of which require 7 days worked in the same workweek and 3 of which do not. These were also part of the 1st website I previously cited.

        ... shall not be employed more than eight hours in any workday or more than 40 hours in any workweek unless he or she receives one and one-half times his or her regular rate of pay for all hours worked over eight hours in any workday and over 40 hours in the workweek. Eight hours of labor constitutes a day's work, and employment beyond eight hours in any workday or more than six days in any workweek is permissible provided the employee is compensated for the overtime at not less than:

        One and one-half times the employee's regular rate or pay for all hours worked in excess of eight hours up to and including 12 hours in any workday, and for the first eight hours worked on the seventh consecutive day of work in a workweek; and
        Double the employee's regular rate or pay for all hours worked in excess of 12 hours in any workday and for all hours worked in excess of eight on the seventh consecutive day of work in a workweek.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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        • #5
          California Labor law attorney

          How many employees are being treated the same way in this company with the same job title? Does he get an uninterrupted meal break of 30 minutes after 5 hours of work?
          Walter

          www.California-Labor-Law-Attorney.com
          "Wage and Hour Class Action Attorneys"

          Disclaimer: The above correspondence does not constitute legal advice nor establish an attorney-client relationship. You should seek the advice of independent legal counsel before relying upon, acting upon or not acting upon any information contained in this correspondence.

          Comment


          • #6
            Overtime law

            Under California law, unless an employee is "exempt" any work in excess of 8 hours per days qualifies as overtime. This means that even if a person works only one days per week, but he works more than 8 hours, those excess hours should be compensated at an overtime rate.

            Thanks,

            Arkady Itkin
            California Employment Lawyer
            http://www.sanfranciscoemploymentlawfirm.com
            Arkady Itkin
            Attorney at Law
            San Francisco / Sacramento / San Jose
            http://www.arkadylaw.com

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