Legal Question in Employment Law in California

County employer changing time cards after approved by supervisor to avoid overti

I work for a county hospital an do standby/oncall duty in Operating Room. We have received a premium for approx. last 20 years. Now we have new payroll/HR people an they have decided we should not be paid this. After we fill out our time cards an our supervisor signed them....sent them to payroll....payroll them removed the premium time. They have at no time informed us by memo or other means that this was going to happen. HR also suggested that we document the disputed time in some other location like a notepad for our own reference an if our greivance goes against them they may consider backpay for us. Are either of these moves illegal in Calif? An what department do we report them to?


Asked on 5/11/02, 12:21 am

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: County employer changing time cards after approved by supervisor to avoid ov

It is not clear what you mean by "premium". Generally speaking, employers must be you for all hours worked and for an overtime premium, at the rate of time and a half, if you are a non-exempt employee, for overtime hours. There are also split shift or reporting time premiums that may apply. If the employer is altering your hours to deprive you of hours actually worked, that is illegal and you should pursue your rights either through the labor commission or through an attorney.

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Answered on 5/15/02, 2:56 pm


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