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Worked 7-14 days in a row at past job with no OT,how long do I have to file complaint

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  • Worked 7-14 days in a row at past job with no OT,how long do I have to file complaint

    When I first moved to California, I worked at a restaurant as a hostess and sometimes would work up to 14 days in a row with no days off. Some days it would only be a 3 or 4 hour shift, but I don't believe I ever had any overtime given to me. Is there some sort of exemption for employees who work for tips? I didn't realize that it was a law to pay overtime for over 7 days in a row until I started working for a new company. I started at the company in question November of 2005 and left in November 2006.

    Am I able to file a complaint or pull up pay stubs to verify I did in fact work over 7 days and did not receive overtime?

    Thank you.

  • #2
    No, there is no exception for tipped employees.

    Although the law says employees are entitled to "one day's rest in seven", in practice, the DLSE has opined that means the equivalent of one day's rest in seven over a month. So if over a month's period, you got 4 days off, that would meet that requirement.

    Now, for the overtime. California law requires overtime pay as follows:

    Over 8 hours per work day - 1.5 pay
    Over 40 hours in a workweek - 1.5 pay
    Over 12 hours in a work day - 2.0 pay
    The first 8 hours on the seventh consecutive day in the workweek - 1.5 pay
    Over 8 hours on the seventh consecutive day in the workweek - 2.0 pay
    Overtime is not "pyramided". That means that each hour worked is either regular pay or only one of the situations above.
    http://www.dir.ca.gov/dlse/FAQ_Overtime.htm

    The above link also discusses what to do if you have not been paid overtime as required by law. If you're going to file a claim, you need to do it sooner rather than later. There is no advantage to waiting.
    Last edited by Pattymd; 07-13-2008, 06:02 AM.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Originally posted by VespaSf View Post
      I didn't realize that it was a law to pay overtime for over 7 days in a row .
      And just to be clear it is not 7 days "in a row" it is 7 days in one work week. It is perfectly legal to have an employee work up to 12 days in a row and not have any required O/T (working over 8hrs in a day or over 40 in a single workweek or for working 7 days in a single work week.)

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      • #4
        Also if you are working only 3-4 hours in a shift, how would you go over 40 hours in a week?
        I find that the harder I work, the more luck I seem to have.
        Thomas Jefferson

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        • #5
          Still, if the OP works as many as 14 days in a row, there had to be at least one full work week in which all 7 days were worked and one of the "7th day worked in the work week" rules had to have triggered.
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

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