Legal Question in Employment Law in California
7 day work weeks and compensation due.....
I was terminated from a Company in which I worked for only 8 months. About 5 months into my employment there I was asked to work 7 days a week and that the company would compensate me by paying me an extra $150.00 a week in cash. I ended up working 7 days a week for approximately 3 months. The company did not compensate me for working 7 days a week the last 3 weeks of my employment. I've asked to be paid those 3 weeks but have not received a response by the company. It has been over 5 weeks now. Also, I am now receiving unemployment insurance and the company is appealing the ruling. My question is: Is the company legally bound by the State of California labor board to pay me, and is it illegal for a company to have an employee work 7 days a week regardless if the employee agreed to do so???
2 Answers from Attorneys
Re: 7 day work weeks and compensation due.....
As you describe it, your employer has violated a number of provisions under the CA Labor code and you may be entitiled to 30 days of pay plus penalties. You should be able to hire an attorney on a contingency fee basis. Feel free to contact me if you like-Martin
626.683.8869
Re: 7 day work weeks and compensation due.....
Under the facts as you have presented them, your employer has violated a number of Labor Code provisions and owes you overtime pay. The fact that you "agreed" to work 7 days a week for a lesser amount is immaterial. An employee cannot be asked to waive his/her right to overtime pay at 1.5X's their regular rate. Given that the amount in question is not exessive, you may consider approaching the Department of Labor Standards Enforcement yourself to request a hearing and assistance in collecting your back wages. Please call so that I can direct you to the proper office and assist in this process.
J.E.B. Pickett
Righetti Wynne
(800) 447-5549
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