Legal Question in Employment Law in California

I am sure that you meant to type "sign" and not "sing." The answer depends on the agreement and the facts. Generally, a nonexempt employee must be paid overtime (at least time and one-half) if he/she works over 8 hours in a workday or over 40 in a workweek. However, there are circumstances where, if done properly, an employee can work 10 hour days 4 days in a workweek and not be owed overtime. Call an employment law attorney to discuss.

A 4 x 10 workweek is allowed in certain circumstances but that is not the only situation in which an employee can wave overtime for some time worked over eight hours a day. In some industries a 12 x 3 is legal. It depends on the industry and the specifics of the agreement as to whether it is legal or not. Even if there is an agreement, however, that is legal allowing for more than eight hours in the day, it is never legal to wave over time if the limits of the agreement or exceeded or if the agreement is not legal for the industry and circumstances involved. Selling agreement completely waving time and a half or double time when appropriate could never be legal for a nonexempt employee.

No.

OT is mandatory and payable to all hourly employees, whether in a 5x8 40 hour job, or a 4x10 40 hour job. The Labor Code does not allow the employee to waive that right.

However, if you are properly classified as salaried exempt, paid a salary, there is no real limit to how many hours you can be required to work for that fixed salary.

If you believe on this basis you are owed wages or OT, and If serious about hiring counsel to help in your legal claim, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight and get the best outcome possible. I�ve been doing these employee rights cases for many years.