Legal Question in Employment Law in California

If I was hired at a roofing company at 23 dollars per hour.

Clock in at 7am when I get to the shop on time card. Then get job site info. Go unload Trash out of company truck. Then go load everything we need for jobsite in bay area. Then get gas and drive to the bay area that takes 2hrs.

Then work on jobsite till 330pm and that's my 8 hour day with a half hour lunch.

Now I turned in my time last week and my check had been short like 150 bucks.

So I ask them why... They said there changing pay for drive time to 10 bucks an hour.

That way I can work my 8 hours on the roof and then they will pay overtime for ride back to shop at 15 per hr.

That's a lot more hours a day for around same pay. It just don't seem fair to me...

Plus I have to be at work for 10 hours before I start getting paid overtime... I thought it was 8

I'm just wanting to no if this change to my pay without my approval is legal?


Asked on 6/11/17, 2:06 am

1 Answer from Attorneys
Tuvia Korobkin

There are multiple potential violations described in your question.

An employer may, in certain situations, pay different hourly rates for different types of work. However, when calculating overtime, the employer must take into account all hours worked during the workday/workweek when to determine the "regular rate," and must pay overtime based on that all-inclusive regular rate. So, for example, if you're earning $23/hr for 8 hours a day and $10/hr for 2 hours of drive time, your regular rate would be: [($23 x 8) + ($10 x 2)] รท 10 total hours = $20.40. And therefore you would need to be paid an overtime premium of $10.20 for each of the two hours of overtime. Thus your total wages for the workday would be: ($23 x 8) + ($10 x 2) + (10.20 x 2) = $224.40.

You are also correct that your employer generally must begin paying you overtime after 8 hours in a day, not after 10 hours.

I've handled many cases where employers think they can ignore the law and take advantage of their workers, such as by underpaying overtime (or not paying it at all).

You should discuss your case with an experienced employment attorney. Many of us offer free consultations and will likely take your case on contingency (no money out of your pocket).

Tuvia Korobkin

Haines Law Group, APC

(424) 292-2353

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Answered on 6/11/17, 8:49 am


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