Legal Question in Employment Law in California
My friend just found a job and he isnt happy there. They do not have any proper documented procedures and policies in place. They also have him and other employees work ten to twelve hours a day. However, when the associates get their checks, their hours have changed and they recieve only one hour of overtime a day. My friend stated that the company goes in the system and manually changes everyones hours. My friend also stated that the company had him and the other hourly associates sign a form waiving the right for them to recieve overtime when they were hired. I do not believe any of this is legal... Am I correct on this matter?
2 Answers from Attorneys
Without knowing anything about your friend's job, pay structure, or the company, all I can say is it sounds very fishy, but there are circumstances where it might be legal. If your friend qualifies as an exempt employee, most of what you describe would be a bit odd, but not illegal.
If your friend contends he is not being properly paid for all his time, he can file suit or a claim with the Labor Commissioner for unpaid comp, OT, penalties and interest. If he wins, he is entitled to his attorney fees. An hourly employee can not 'waive' OT pay. If he is serious about getting counsel for this, have him contact me. .
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