Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

Is what my boss doing legal? Comp time/Overtime ? ~ California

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Is what my boss doing legal? Comp time/Overtime ? ~ California

    I work in California, and the company I work for was forced to close down because of the wild fires last week. In order to not have paychecks that were a week short, my boss gave us the option of either:

    a) Not being paid for the time that was missed
    b) Taking available vacation hours for time missed
    c) Getting an advance of pay for extra hours that will be worked in the future (comp time pay, he is calling it)

    A lot of us chose to get our pay advanced. We normally work (4) 10 hour days a week, and now we are working an hour later than our scheduled shift ends each day (11 hour days), as well as Friday and Saturday, to make up for this "comp time" that was advanced to us. My boss is not intending to pay us overtime for the extra hours we are working, and we all agreed to it.

    Is this legal? If so, can you direct me toward some documentation that I can show my boss?

    Thank you! ]
    ~M
    Last edited by Mardigan; 11-02-2007, 06:24 PM. Reason: expand upon question

  • #2
    I'm assuming you are nonexempt (generally speaking, paid on an hourly basis) because you mentioned overtime in your subject line. Is your regular schedule of 4 10-hour days an approved alternative work week schedule?
    Last edited by Pattymd; 11-03-2007, 04:15 AM.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

    Comment


    • #3
      Where I admit I have not looked in any law on issue, ( if there is one), you did agree this! You were given several options and chose this one.
      http://www.parentnook.com/forum/

      Comment


      • #4
        Yes, I am nonexempt, and our schedule is indeed an approved alternative work week schedule.
        I have no problem with our agreement as long as it is legal and won't potentially get my company in trouble.

        Comment


        • #5
          See 3(B)(1) here. An AWW cannot be for more than 10 hours per day. Anything over that is overtime.
          http://www.dir.ca.gov/IWC/IWCArticle4.pdf

          Comp time in lieu of overtime pay, as you describe it working in this case (because it spans workweeks), is not allowed for private employers (vs. governments).

          He can certainly provide an "advance" on wages if he likes, but that doesn't mean he doesn't have to pay overtime when it is over 10 hours per day, and double time over 12. That would be nothing more than a "salary advance".
          Last edited by Pattymd; 11-03-2007, 08:09 AM.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

          Comment


          • #6
            Originally posted by Mardigan View Post
            A lot of us chose to get our pay advanced. We normally work (4) 10 hour days a week, and now we are working an hour later than our scheduled shift ends each day (11 hour days), as well as Friday and Saturday, to make up for this "comp time" that was advanced to us. My boss is not intending to pay us overtime for the extra hours we are working, and we all agreed to it.
            Ideally, the employer advances you cash. That net amount will be deducted from your future paychecks according to whatever arrangement has been agreed to by both parties (employer and employee).

            The employer cannot take an hour of regular pay that the advance was for and have that paid by the hour of overtime pay that you work now with no extra cost to the employer.

            Looks to me like you are now getting one hour of overtime on Monday, Tuesday, Wednesday and Thursday PLUS additional overtime for whatever hours are worked on Friday and Saturday.
            Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

            Comment


            • #7
              So it looks like my boss will have to pay the overtime for all the hours that he had advanced us because the hours we are working to make up that advancement are overtime. Please correct me if I'm wrong
              Thank you, I really appreciate your help.

              Edit: Oh, thank you ScottB, I just saw your post. You just clarified this all for me.
              Last edited by Mardigan; 11-03-2007, 08:48 AM.

              Comment


              • #8
                Originally posted by Mardigan View Post
                Edit: Oh, thank you ScottB, I just saw your post. You just clarified this all for me.
                Good for you, Scott. What did you say that I didn't?
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                Comment


                • #9
                  Of course, the flip side is that the company says to heck with all the trouble and you just don't get paid for the time you didn't work unless you take it as PTO.
                  Not everything that makes you mad, sad or uncomfortable is legally actionable.

                  I am not now nor ever was an attorney.

                  Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

                  Comment


                  • #10
                    Originally posted by cyjeff View Post
                    Of course, the flip side is that the company says to heck with all the trouble and you just don't get paid for the time you didn't work unless you take it as PTO.
                    True and, for nonexempt employees, that would be legal as well.
                    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                    Comment


                    • #11
                      Originally posted by Pattymd View Post
                      Good for you, Scott. What did you say that I didn't?
                      I posted my response before I saw his post, I was just saying that he verified my interpretation of the info you gave me, which was very helpful as well. Thank you.

                      The advanced time has already been paid to employees. We are working to make it up in a new pay period, so my employer cannot take back his offer now.

                      Thanks to all for the information.

                      Comment


                      • #12
                        Originally posted by Mardigan View Post
                        I posted my response before I saw his post, I was just saying that he verified my interpretation of the info you gave me, which was very helpful as well. Thank you.

                        The advanced time has already been paid to employees. We are working to make it up in a new pay period, so my employer cannot take back his offer now.

                        Thanks to all for the information.
                        No problem.

                        Of course he can. It's basically illegal to advance TIME. It is not illegal to advance WAGES. Of course, if none of the employees complain, he'll get away with it and you'll lose out of overtime pay.
                        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                        Comment


                        • #13
                          Originally posted by Pattymd View Post
                          No problem.

                          Of course he can. It's basically illegal to advance TIME. It is not illegal to advance WAGES. Of course, if none of the employees complain, he'll get away with it and you'll lose out of overtime pay.
                          Well, I spoke with my boss, and he will be paying us the overtime. Thank you so much for all of your help!

                          Comment


                          • #14
                            (Another case of the disappearing post).

                            Glad it worked out, Madigan.
                            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                            Comment

                            The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
                            Working...
                            X