QUESTION
My company is paying me overtime for 40 + hrs a week, but not for 8 hours worked in a day. Is this legal in CA?
Asked on Nov 21st, 2014 on Labor and Employment - California
More details to this question:
I manually calculated the difference between what overtime amounts were paid and what should have been paid (based on 8+ hours a day) and it is significant. I have brought the issue up to the Senior Managers of my company, but nothing has been done. It has been over 2 months. I feel legal advice would benefit my case if no action is made.
1 ANSWER
Business Law Attorney serving Dana Point, CA
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The Law Office of Robert J. Spitz
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The application of Overtime Pay in California can be complicated. Many employers do not know the rules and even more of them fail to observe the rules. It is likely that your employer is in violation of Overtime Rules.
You are entitled to Overtime pay if you work more than 8 hours in any given day, even if you work less than 40 hours in a week. Let's say you worked 10 hours Monday, 6 hours Tuesday and 8 hours on Wednesday. You would still be entitled to 2 hours of Overtime Pay, even though you only worked 24 hours for the entire week.
If you are not receiving all of your Overtime Pay, please contact my office to discuss your situation.
Robert Spitz
(909) 395-0909
Answered on Nov 22nd, 2014 at 2:39 PM