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Taylor.Believes · Aug 2, 2010, 08:36 AM

I've been working working four weeks now without a day off. Since we just had to hire a whole new staff there is no day off in the future. I'll be working one six hour day and six eight hour days minimum. The other day I worked an eleven hour day. I've worked long hours before but its always been kind of "here and there" and never really consistent. I don't mind the hours, the problem is I'm not getting overtime. He'll say things like "work for 8 hours then clock out and come back in an hour for your shift so i don't have to pay you overtime." but I'm pretty sure he still does. I'm really having a hard time understanding California overtime laws. Does anyone know how to break it down more simply?

Fr_Chuck · Aug 2, 2010, 06:35 PM

It is total time for your week. Unless you are salary or paid commission or in some special jobs such as law enforcement if you work over 40 hours a week. So how many total hours per pay period are you working

Wildsporty · Aug 4, 2010, 09:51 AM

In California you must be paid for all hours worked over 8 in a day. They do not use the 40 hour a week rules, they are similar to Canada in their 8 hours a day rules.

What the employer is doing is illegal. Even if you clock out for an hour and back in it could be considered an evening meal break.

I would suggest you contact the California Department of Industrial Relations.
Overtime

Shirley

Taylor.Believes · Aug 5, 2010, 05:58 PM

Originally Posted by Fr_Chuck

It is total time for your week. Unless you are salary or paid commission or in some special jobs such as law enforcement if you work over 40 hours a week. So how many total hours per pay period are you working

Im working about 130 hours per two week pay period. And I just get paid by the hour. I know that California has a law about getting overtime when you are working without days off also but I'm not sure how that overlaps.

Fr_Chuck · Aug 5, 2010, 06:01 PM

Well at a min you have about 50 hours of overtime.

Taylor.Believes · Aug 5, 2010, 08:06 PM

Originally Posted by Fr_Chuck

Well at a min you have about 50 hours of overtime.

I assumed so. What do you know about the 7 day laws? I read somewhere that if you work more than 6 days in a row then on the 7th day you get overtime for the first 8 hours then you get double time after that and I'm really trying to figure that part out. What my boss is doing is most definitely illegal. There's no question. He's worked me overtime before but never THIS much. So needless to say I'm very interested to see what my next pay check looks like.

Fr_Chuck · Aug 5, 2010, 08:10 PM

Not up on California laws, we do not have those here in Georgia. You can go to the California Department of Labor web site and research it.

Have you already asked them about it. Perhaps leave a copy of the laws on their desk

Taylor.Believes · Aug 5, 2010, 08:10 PM

Originally Posted by Wildsporty

In California you must be paid for all hours worked over 8 in a day. They do not use the 40 hour a week rules, they are similar to Canada in their 8 hours a day rules.

What the employer is doing is illegal. Even if you clock out for an hour and back in it could be considered an evening meal break.

I would suggest you contact the California Department of Industrial Relations.
Overtime

Shirley

I'm planning on doing so, but I don't want to do so yet. I know that as soon as I do something like that he won't give me the hours he's giving me and unfortunately I REALLY need the money.

Taylor.Believes · Aug 5, 2010, 08:13 PM

Originally Posted by Fr_Chuck

Have you already asked them about it. Perhaps leave a copy of the laws on their desk

I thought about doing that but if I did that I would want to make sure that I was sure of what they owed me first. That I had the laws all straight. I went to the web site but things aren't very clear.

Wildsporty · Aug 6, 2010, 06:15 AM

Originally Posted by Taylor.Believes

I'm planning on doing so, but I don't want to do so yet. I know that as soon as I do something like that he won't give me the hours he's giving me and unfortunately I REALLY need the money.

In California, overtime is any hours worked over 8 hours in a day or 40 hours in a week. There is an exception if your company has instituted a bona fide alternate work week in which you normally work 10 hour days, 4 days a week – in which case the overtime is after 10 hours rather than 8, but still after 40 in the week. This alternate work week must meet certain formalities and can not be done on a person by person basis.

Unless you meet an Exemption, California requires that all hours over 8 in a day or 40 in a week or worked on the 7th consecutive day of a work week be paid at 1.5 times an employee’s regular rate of pay. In addition, hours worked over 12 in a day or hours over 8 worked on the 7th consecutive day in a week are paid at 2 times an employee’s regular rate of pay.

Here is the website for the Industrial commission and the spot where overtime is discussed in the FAQ section on Overtime:
Overtime

Shirley

Taylor.Believes · Aug 6, 2010, 06:33 AM

Originally Posted by Wildsporty

In addition, hours worked over 12 in a day or hours over 8 worked on the 7th consecutive day in a week are paid at 2 times an employee’s regular rate of pay.

Here is the website for the Industrial commission and the spot where overtime is discussed in the FAQ section on Overtime:
Overtime

Shirley

This part was really helpful. Thank you. What about the 8th day (or the 9th 10th 11th etc.) Does it continue on in the same way? Like on the 8th day do you get time and a half for the first eight and 2x after that?