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Days off in exchange for overtime California

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  • Days off in exchange for overtime California

    My new position requires some travel and it's usually over the weekend. After the last trip when I turned in my time sheet (I'm non exempt) and included overtime my boss has now asked me to take days off during the weeks that require work on the weekends. Is this legal? If I have to do this, technically the 8 hrs I would work each weekend day would equal 12 hrs so should I ask for 12 hrs off?

  • #2
    how many other employees are affected by this practice in the company?
    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.

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    • #3
      I am including a pointer to CA overtime rules. There technically is no rule that working on the weekend by itself automatically requires overtime. There is also no rule that the employer cannot change schedules to avoid paid overtime. You might want to find out exactly when your employer's work week is however. Changing the schedule of time to be worked in following work weeks would not effect the calculation for the current workweek.
      http://www.dir.ca.gov/dlse/FAQ_Overtime.htm

      Past that CA has more favorable (to employees) travel rules then the federal rules. You might want to download a copy of the CA-DLSE manual and get familar with the travel and expense reimbursement rules.
      http://www.dir.ca.gov/dlse/Manual-Instructions.htm
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

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      • #4
        I believe it's just myself that is affected by this. The only other person that travels is classified Exempt.

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