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calicfornia OT California

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  • calicfornia OT California

    My emloyer is telling me that they do not have to pay me overtime worked on saturdays. Becouse we are normally Open for Buisness and they can get out of paying me for 4hrs eventhough it's still over 40 hours in the week. Does this sound corect or are they just blowing smoke?

  • #2
    Are you exempt or non-exempt? If you are non-exempt, you should still be paid overtime for hours over 40 in a workweek. Ask your employer what your workweek is. Most commonly, it is Sunday - Sunday. Here is a link that gives more info. http://www.dir.ca.gov/dlse/FAQ_Overtime.htm

    If you click on that link, then click the underlined 'Workweek' (in that link, not here), it defines a workweek.

    There are some exemptions, so you may want to review those. The CA DOL just redid their website and things seem to be summarized well.

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    • #3
      If you're exempt, you don't get paid anything over your regular weekly salary no matter how many hrs. you work in a day or in the workweek.

      Assuming you're non-exempt, I might mention you get paid OT when working over 8 hrs. in a workday & once an hr. has been counted as daily OT, it is not eligible to be counted toward weekly OT. (This wouldn't apply to an alternative workweek.)

      Read the link given - it gives good info re the full overtime rules & re exemptions, etc.
      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.

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      • #4
        I am not An exempt employee according to that web site. but they say that since saturday is a normal buisness day for us we can be worked 4 hrs and not get Overtime, even though we work 40+ hours from M to F. This is the only place that has ever told me that. I'm trying not to rock the boat too much as i really need my Job and it's probably 8hrs in a month but just the princepal if i work OT i Should be Paid OT Wages not Strait time.

        Oh yea I work In a retail Automotive parts Dept. Not salaried not a manager just a guy that works the Counter.

        Thanks For your Responses.

        GC

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        • #5
          I don't believe that normally being open for business has anything to do with legal overtime and your employer owes you overtime for hours the exceed 8 in a day or 40 in a week. You can at least talk to payroll about what you think and ask for any documentation about how they justify the regular pay.

          You can also simply file a claim with the CA DOL and not approach the employer at all. It's up to you.

          Comment


          • #6
            Agreed with Martinigirl and Betty.
            - There is no Saturday rule in CA, so that by itself does not mean anything.
            - The federal "hours worked past 40 in the work week" is valid in CA (not that CA has any choice in the matter). Work week is not necesarily the same thing as calendar week is. If you are not certain what your company's work week is, you might want to ask your employer.
            - I am reading what you have said as that you are doing retail sale from an Auto Parts store, not from an Auto Dealer. There is an Auto Dealer overtime exception that does not seem to apply to you.
            - There is an Inside Sales exception that does not seem to apply to you because you apparently are not being paid on a commission basis (and which indirectly brings in the OT rules).
            - One remote possibility is that if this is a very small employer that does not interstate commerce at all, then you could be not subject to FLSA. The problem with that argument is that it is extremely unlikely that your company's inventory could be acquired without interstate commerce. A produce stand maybe, but not an auto parts store.
            - Betty made a good CA specific point. A specific hour only gets counted as OT once.

            Based on what you have said, other then a possible workweek vs. calendar week issue, it seems that you should be getting overtime.
            Last edited by DAW; 11-07-2007, 08:48 AM.
            "Reality is that which, when you stop believing in it, doesn't go away".
            Philip K. **** (1928-1982)

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            • #7
              DAW - does an employer have to meet FLSA standards for CA overtime laws to be applied? What if you were a very, very small business and didn't engage in interstate commerce and only have sales of $100,000 in a year? Would CA overtime apply to employees of such an employer?

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              • #8
                I am not sure. The basic federal rules are $500K in annual sales (among other things). CA can have rules more favorable to the employee then the federal rules (FLSA). I just took a look at the related CA labor law sections 500-558 and do not see this issue mentioned one way or the other. You might give CA-DLSE a call and see if they use different rules then FLSA.
                "Reality is that which, when you stop believing in it, doesn't go away".
                Philip K. **** (1928-1982)

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                • #9
                  Thanks, DAW.

                  Comment

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