Legal Question in Employment Law in California

I was hired on a salary but don't receive sick days and when i work less hours I only get paid for the ones Ive worked.But when the hours go in my boss's favor, i still only make my salary.
My understanding was if I work 25 hrs a week or 100 hrs a week the pay is the same.I receive no sick days and am forced to use my vacation hours.
There have been times when I have worked a lot of overtime and not been paid for it.

Asked on 1/19/11, 2:36 am

2 Answers from Attorneys

Lisa Howard Law Offices of Lisa M. Howard

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Please go to: http://www.dir.ca.gov/dlse/dlseWagesAndHours.html

Any work in excess of eight hours in one workday and any work in excess of 40 hours in one workweek and the first eight hours worked on the seventh day of work in any one workweek shall be at the rate of one and one-half times the regular rate of pay. Any work in excess of 12 hours in one day and any work in excess of eight hours on any seventh day of a workweek shall be paid no less than twice the regular rate of pay. California Labor Code section 310. Exceptions apply to an employee working pursuant to an alternative workweek adopted pursuant to applicable Labor Code sections and for time spent commuting. (See Labor Code sections 510 for exceptions).

Answered on 1/24/11, 5:09 am

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