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Employer not payng DT - California

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  • Employer not payng DT - California

    Did a job for my employer recently that involved three 12+ hour days. My understanding is that California law requires payment of Double Time (i.e. 2x your normal hourly wage) for all hours worked in excess of 12 during one work day. I filled out my time card accordingly.

    I am now being told that there is a clause in the union agreement that prohibits them from paying us DT, and that I am only entitled to time and one-half.

    Is this legal? This implies that the Union is above California state law. I find that very hard to believe.

    Is anyone aware of specific exemptions to the DT law in California?

  • #2
    Das ist in der Doktor!

    Originally posted by JohnDT View Post
    Did a job for my employer recently that involved three 12+ hour days. My understanding is that California law requires payment of Double Time (i.e. 2x your normal hourly wage) for all hours worked in excess of 12 during one work day. I filled out my time card accordingly.

    I am now being told that there is a clause in the union agreement that prohibits them from paying us DT, and that I am only entitled to time and one-half.

    Is this legal? This implies that the Union is above California state law. I find that very hard to believe.

    Is anyone aware of specific exemptions to the DT law in California?
    We have no way of knowing what your contract says in its entirety,
    have you asked your shop steward or Union Rep for clarification? What did they say?
    .._____________________-
    ~ Politicians and diapers must be changed often,
    and for the same reason.~ Mark Twain

    Comment


    • #3
      In California, Unions are permitted to negotiate away some of the benefits that might otherwise be permitted to employees, including the right to overtime pay. The only elements they may not negotiate or waive are your rights to meal and rest breaks.
      J.E.B. Pickett
      Wynne Law Firm
      California Wage & Hour Class Action Attorneys.
      877-352-6400
      www.wynnelawfirm.com

      Disclaimer: This response and any materials or content provided by this response are for general informational purposes only and should not be relied on or considered as legal advice. Under no circumstances does this informational response, directly or indirectly, establish or intend to establish an Attorney-Client relationship.

      Comment


      • #4
        What is "DT" pay?

        Comment


        • #5
          Originally posted by eerelations View Post
          What is "DT" pay?
          Doubletime

          Comment


          • #6
            It's in the 1st post.
            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


            • #7
              Agreed. For CA daily OT only, union contracts are an explict exception spelled out in statutory law. Alternate Workweek Schedules are another exception as are governmental employers. The standard federal FLSA overtime rules however are not subject to CA law at all, so they are not effected by CA specific exceptions.
              "Reality is that which, when you stop believing in it, doesn't go away".
              Philip K. **** (1928-1982)

              Comment

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