Legal Question in Employment Law in California
I am an classified as an exempt employee, I spend more then 75% of my day actually working in the warehouse and on a forklift, I work 18+ hours days and am expected to be in the next day for just as many hours some times, if I work 18-20 hours straight, should I get so many hours off before returning to work?
4 Answers from Attorneys
Unless you are working as an agricultural employee, you are likely entitled to overtime wages for any hours worked over 8 in a day or 40 in a week. There is generally no requirement for a minimum hours off before returning to work, but you may be entitled to at least 1 day off if you work 6 consecutive days (unless you are a agricultural worker or a few other situations.)
If you have any questions as to how the Labor Law applies to you, fee free to contact me for a free consultation. 877 352 6400
Any situation where non-exempt employee is being misclassified as exempt may result in any number of California labor law issues including:
- Overtime at a rate of 1 1/2 times the employee's hourly wage for any hours worked beyond 8 in one day and/or 40 in one week;
- Overtime at a rate of 2 times the employee's hourly wage for any hours worked beyond 12 in a one day;
- Required Meal and Rest Breaks;
- Possible split-shift issues;
- Etc.
To explore your particular situation in more detail, you can contact me directly to discuss what, if any, labor code violations are happening. You would be provided a FREE Consultation and Contingency Fee may apply if we take your case.
Raphael A. Katri
LAW OFFICES OF RAPHAEL A. KATRI
http://www.SoCalLaborLawyers.com
(310) 940-2034
You are likely an 'improperly classified' employee, whom I believe to be entitled to OT pay. If you are serious about getting legal help in pursuing your claim for unpaid OT, penalties and interest for the last 4 years, feel free to contact me. I'll be happy to help, and if you win, you are also entitled to attorney fees to be paid by the employer.
You likely have a good case for unpaid overtime as many companies intentionally give employees manager titles without real authority to get around overtime laws. Contact me directly.