Legal Question in Employment Law in California

I was hired as a "Weekly Employee" on a film project of short duration. Initially my work week started on Monday through Sunday, with negotiated and agreed upon rates for 6th & 7th days and overtime pay for work in excess of 12 hrs daily.

On a Thursday afternoon my supervisor asked me not to come in the following day, but to report to work on Sunday, with that as the beginning of the new work week.

My employer is refusing to pay me for the Friday that he asked me not to work. Starting that Sunday, I worked for 11 straight days and then was laid off with 4 hours notice.

Employer acknowledges my over-time claim, but has yet to pay it, but insists he has the right NOT to pay me for the Friday he asked me not to work. Can he legally do this?


Asked on 10/05/09, 7:55 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Generally, an employer only must pay wages for hours worked. Even though it is not your fault you were asked to not work on that Friday, the money was not earned, therefore, there is no legal obligation to pay for that day.

As for the overtime, if he keeps delaying the overtime pay, send a certified letter demanding the amount due by a date certain. If still not paid, file a claim with the California Labor Commissioner or in small claims court and ask for waiting time penalties, pursuant to Labor Code section 203.

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Answered on 10/05/09, 8:19 pm


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