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Boss Regularly Encourages Overtime without Pay California California

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  • Boss Regularly Encourages Overtime without Pay California California

    I am a temp, non-commissioned sales rep working at a California company.

    The sales manager I report to regularly encourages us to up our sales by coming in early or staying late WITHOUT PAY. He expects us to work our regularly scheduled 8 hour day, and either come in early, stay late, or both always followed with the statement "I can't pay you".

    Is that even legal?

    Sometime he alludes that by doing that, you'll be rewarded for it but never goes into details what the reward is. I'm not so concerned about that as I am the general statement of work extra hours for free.

  • #2
    Nonexempt employees must be paid for all hours worked. Period.

    Have you performed any of this "free" work yet?
    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 Pattymd View Post
      Nonexempt employees must be paid for all hours worked. Period.

      Have you performed any of this "free" work yet?
      I understand. I haven't taken him up on the work for free offer, though I probably am owed overtime as a result of business travel and attending trade shows.

      But my question is is it legal for a boss to tell employees they can work as many hours as they want, but they won't get paid overtime for it?

      If the time sheet is turned in with overtime hours, the boss won't sign it. If its not signed, the employment agency won't pay. So the time sheet has to indicate 40 hours. Even full employees who clock some over time work are required to sign a statement acknowledging "corrections" to their hours if they want to get paid.

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      • #4
        Are you inside sales or outside sales & what do you sell? Thanks.
        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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        • #5
          Betty3's question is important.

          He can "encourage" all he likes. It's the not actually paying when pay is due that is the violation of law.

          However, I'm guessing that, since you are actually employed by a staffing agency that you are being paid on a strictly hourly basis, is that correct? Let's go on the assumption that you are nonexempt, OK?

          Have you spoken to the agency about the fact that you have worked overtime in the past and been instructed by the client to not report the hours?

          If you're not already doing so, keep a separate record of your hours worked at home. A paper notebook or spreadsheet is fine. Do not use the company's time or equipment to do this.

          At some point, if the agency doesn't handle this, you're may very well have to file a wage claim with the DLSE and the agency is who you would file it against. I doubt they would be happy about that, but they can't fix the problem with the client company if they don't know about it.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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          • #6
            I'm an inside rep. Making and taking calls for 8 hours.

            I do appreciate the advice. Its been very helpful.

            Now I have one last question in regards to travel and pay:

            I've been sent out of town to trade shows. Is travel time part of the pay?

            For example. I work 8 to 5, but I have to go to Florida for a show. I leave the house at 7am PST, arrive at the airport at 7:30, flight leaves at 8:30, layover...I finally get checked into the hotel at 7pm PST. What parts are considered for pay and/or overtime?

            Also, lets say I work the show floor 8 hours then there's a client dinner or client party from 7-9. Is that 2 hours concidered work and overtime?

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            • #7
              Under California law, all of your travel time is compensable. All work done while on the trip is compensable, including a mandatory dinner or party; that is federal law. And yes, since you are based on California, it is likely (DAW?) that the daily overtime California law would be applicable.

              You really need to talk to your agency staffing representative about all of this stuff. It is unusual for companies to send temporary agency employees on business trips, although it isn't unheard of.
              Last edited by Pattymd; 07-29-2009, 07:24 PM.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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              • #8
                Originally posted by Pattymd View Post
                And yes, since you are based on California, it is likely (DAW?) that the daily overtime California law would be applicable.
                Sure. Hours worked are hours worked.
                "Reality is that which, when you stop believing in it, doesn't go away".
                Philip K. **** (1928-1982)

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