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Overtime in CA California

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  • Overtime in CA California

    I am currently working on a 4-10 scheduled week. Right now I am also working on Friday and Saturday at straight time. I am told the company doesn't pay overtime for work over our 40 hours week, only straight time. I did sign a piece of paper saying that was OK at time of employment. I am not management or supervision, just clerk in the office. Is this legal in the State of CA?

  • #2
    You have two different unrelated issues.
    - The 4x10 sounds like an "Alternate Workweek Schedule", which might be legal, depending on what the piece of paper you signed said and whether or not your company has otherwise followed the rules. AWS slightly modifies the CA daily OT rules if handled correctly. Even if AWS is correctly followed however, daily OT would still apply for hours worked past 10 in workday (assuming 4x10), or 7th day worked.
    - The hours worked past 40 in the workweek is federal law, which CA explictly follows (not that they had a choice). There is nothing your employer can directly do to make this requirement go away. I can think of one possible exception. If your employer is the government, then it is possible that you are getting comp time instead of paid overtime. But that would not explain getting paid straight time instead of overtime.

    I am including a pointer to the CA rules, also the federal rules.

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

    http://www.dol.gov/esa/regs/compliance/whd/whdfs23.htm

    "Overtime Pay May Not Be Waived: The overtime requirement may not be waived by agreement between the employer and employees. An agreement that only 8 hours a day or only 40 hours a week will be counted as working time also fails the test of FLSA compliance. An announcement by the employer that no overtime work will be permitted, or that overtime work will not be paid for unless authorized in advance, also will not impair the employee's right to compensation for compensable overtime hours that are worked."
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      I assume you are being paid overtime for the hrs. over 8 in a day that you work (the 4 10 hr. days). Once an hr. has been already counted as overtime, it is not eligible toward weekly overtime. How many hrs. do you work on Fri. & Sat.?
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

      Comment


      • #4
        I am on an alternate schedule of 4-10's meaning I don't get overtime for Mon - Thurs but our 40 hours are up then. I worked Friday 10 hours and Saturday 8 hours and I only got paid straight time with no OT for those days. I do not work for the government. So my paycheck will show 58 hours ST for that week. Is this legal?

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        • #5
          Probably not legal. I am not going to say "certainly not legal", because when ever I say that it turns out that OP forgot to mention that they work on a fishing boat or are subject to one of the many other strange FLSA (federal law) exceptions. I can say that for the large majority of private sector employers, what you describe is not legal.

          Without mentioning the name of your employer, what exactly is it that your employer does and what exactly is your job? Also, I can give you a webpage with most of the strange federal overtime exceptions if you want it.

          http://www.dol.gov/esa/fact-sheets-index.htm

          You can also contact CA-DLSE directly using the contact information included on the CA Overtime webpage I previously referenced.

          You also might try just asking your employer why they think it is legal that they are paying you straight time only. They might actually have a legal answer they can share. You should start keeping a copy of your hours worked information at home, just in case.
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

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          • #6
            I work for a construction company (union) but I am not in the union obviously. Its a job that I do then after this one is done I look for another job or sometimes the same company keeps me on. But I am not permanent staff by any means.

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            • #7
              Here are the words used in my paperwork:

              Position: Material/Document Control & Job Accounting

              Base Salary: $ XX.XX/hr

              Employment Status: As an exempt employee you will not received overtime, however you will receive straight time overtime pay when authorized by your supervisor

              Employment at Will: Employment is at the mutual consent of the employee and the company. Accordingly, either the employee or the company can terminate the employment relationship at any time, with or without cause or advance notice.

              Other: No other promises or representations regarding employment are made or should be relied upon.

              These are parts in the paperwork that I signed.

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              • #8
                Whoa, hold on. You're exempt?

                If you are correctly classified as an exempt employee, it is not only legal to pay you at straight time, you are not ENTITLED to any overtime at all.
                The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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                • #9
                  My question is though, what makes me exempt?

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                  • #10
                    You said in your first post you are not management or in supervision but a clerk in the office. What are you duties?

                    http://www.dol.gov/esa/regs/complian...irpay/main.htm (This web site will help you determine if you are classified correctly as exempt.)
                    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                    Comment


                    • #11
                      hold on here

                      There are non exempt employees that do not get time and one half for overtime, such as employees involved in the maintenance of buses that travel over state lines.
                      I really don't have time to look up the FLSA but i know for a fact that there are non exempt employees that, while entitled to be paid for overtime, are not entitled to be paid premium for that overtime.
                      Eric

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                      • #12
                        My job duties are taking care of incoming drawings and doing the purchase orders. I have read all the "exempt" categories in the laws and I don't fall under any of them. I have a supervisor, I do not supervise. I do not work for the government or any of the other categories. The way I see it is, the company put in my offer letter that I am "exempt from overtime" so that makes me exempt. If that's all it takes to make an employee exempt then why do we have laws? Doesn't make much sense to me. I am an hourly wage earner, I am not salaried. Thank you everyone for your replies.

                        Comment


                        • #13
                          It sounds like (correctly or not) your employer is trying to use the Administrative Exemption. The 1st webpointer is to the federal rules. The 2nd is to the CA rules, which are more restrictive. CA would also require that an Exempt Salaried employee make at least $600/week, which is higher then the normal $455/week federal requirement.

                          Based on what you have said, it does not sound like you are legally Exempt. You can file a wage claim with CA-DLSE.

                          http://www.dol.gov/esa/regs/complian...nistrative.htm

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

                          Comment

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