Legal Question in Employment Law in California

I am assuming your question is "is this proper" or "should I get my overtime pay." The real question is whether you are considered an exempt or non-exempt employee. The fact that you did work for hourly wages would tend to show that you are non-exempt. However, a final determination depends on your job duties and a number of other factors.

If you are non-exempt and entitled to overtime, your employer's failure to pay such overtime is unlawful and can be remedied either through the legal system or by going to the California Division of Labor Standards Enforcement ("DLSE").

If you would like more information or a more detailed assessment or your claims and whether or not you are truly a "non-exempt" employee, you may visit our firm's website and complete the "Online Case Evaluation Questionnaire." This will give us enough information to better assess your situation.

I don't know what your question is but if you are a non-exempt (hourly) employee, which is determined by the kind of work you do, not by what your employer chooses to call you, you should be paid overtime for all hours worked in excess of 8, in a workday and 40, in a workweek.

Make sure you are keeping your own accurate record of the time you work. If you wish to pursue your overtime wages owed, you can file a complaint with the California Division of Labor Standards Enforcement. If they owe you a lot of money, it may be worth hiring a lawyer to go after them for you. Look for employment law attorneys in your area. You can find many good ones at www.cela.org . Click the "Find a CELA Member" at the top of the page.