Legal Question in Employment Law in California
My employer pays for certain holidays. We work longer hours Monday - Thursday to be able to leave early on Friday. If we have a paid holiday on a Friday my employer requires employees to work extra hours the following Friday to help make up for the holiday hours (with no overtime pay). I have already been told that this is not legal. I told my employer and he doesn't care, he wants to continue with the plan. What is my next step?
1 Answer from Attorneys
Live with it or file a complaint for unpaid overtime. Bear in mind, however, that unless you work more than 8 hours a day or 40 hours in a week, inclusive of rest breaks which are supposed to be "on the clock," but excluding meal breaks of at least a half hour, you don't have a labor violation. You would only have a claim for wages promised and not paid based on a promise of paid holidays that are not really "paid."
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