Legal Question in Employment Law in California
California law regarding overtime
My daughter asked me to call and find out about California's Labor Law regarding overtime. Is there a way I could receive a copy of the Law? She worked 44 hours (11 hours per day for four days) and 40 hours were paid like normal time. We are wondering if this is right, since she worked 3 hours more per day than 8 hours, this is the second time it happens to her and when she asked they told her it is perfectly legal. Thank you for considering my question.
2 Answers from Attorneys
Re: California law regarding overtime
Your daughter is entitled to overtime compensation for the four hours she worked over forty hours in the workweek. You should contact your local office of the State Labor Commissioner to request a copy of the IWC order covering your daughter's occupation.
Re: California law regarding overtime
The employer's pay practices MAY be lawful. California Law generally provides for overtime pay (1.5 X regular rate) for all hours over 8 per day. However, if the employer has properly established an alternative work schedule, a 10 hour per day, 4 day work week may be permissable. The employer must comply with strict regulations in establishing the alternative schedule. An inquiry to the Labor Commissioner can determine whether the employer's particular schedule is acceptable.
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