Legal Question in Employment Law in California

Is it legal for a company to only allow employees that bill their labor to be the only employees allowed overtime?


Asked on 12/12/11, 3:46 pm

2 Answers from Attorneys

Since you specifically said "allowed overtime," I take that to mean permitted to stay on the clock into overtime, as opposed to being paid overtime if they do, in fact, work overtime. Every employer must pay all non-exempt employees overtime if overtime is actually worked. There is absolutely NO restriction, however, on company policies that require some workers and not others to stop work before they go into overtime each day or week. If an employee violates that policy, they have to be paid overtime for the overtime worked, but they can then be fired for it too.

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Answered on 12/12/11, 4:06 pm
Terry A. Nelson Nelson & Lawless

The employer is entitled to set and change hours, duties, titles, compensation, benefits, leaves, vacations, holidays, policies, rules, etc. just not retroactively. Employees have the 'right' to pay and employee benefits per the state minimum wage and hour laws and any formal company policy that may be in place, the right to be provided a 'safe' workplace to minimize risk of injury, and sometimes are entitled by law to certain medical/pregnancy leave rights. That's about it. In other words, there are no laws against 'unfair treatment' or poor management.

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Answered on 12/13/11, 4:12 pm


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