Legal Question in Employment Law in California

Your facts are a bit confusing in that you say that you were told you were not getting overtime, but that another employee stated you do get overtime, but the pay is more like $8.00 - $8.25 per hour, and with overtime, it averages out to $10.00 per hour.

If you are not getting paid overtime at all, and you are earning $10.00 per hour, then that is likely a violation of CA wage and hour laws (assuming you are a non-exempt employee - this determination may be dependent on a number factors). Under this circumstance, you (and all other employees who are not being paid overtime) can file a lawsuit and try to get compensation for your employer's unlawful pay practices.

On the other hand, if you were offered a job at $10.00, but your employer is now paying you less than that, then you may have a claim for breach of contract. You accepted an offer at $10.00 per hour, but your employer is now paying you less in violation of the agreement you had. The problem with this is that you are almost certainly an "at will" employee, and your employer is probably allowed to terminate your employment and hire you back at the lower rate. I say "probably" because there are some circumstances where that may not be true. It all depends on the language of the job offer.

If you wish to discuss this further, our website, www.sarnofflaw.com, has an online Confidential Case Questionnaire that you can complete which will give us some preliminary information regarding your situation.

It is real simple. If you are hourly, then you are entitled to OT for all hours over 8 per day or 40 per week. It doesn't matter what the company says or thinks or tries to convince you differently.

As to your hourly rate, the employer is entitled to set and change hours, duties, titles, compensation, benefits, leaves, vacations, holidays, policies, rules, etc., just not retroactively. So, if you were promised one rate, and the company then notifies you it is changed, that would be 'legal'. If they never notified you of the change, then the original rate would still apply.

Now, if you have not been paid timely and fully for your hours, you can file a case for the unpaid compensation, plus penalties and interest, and if you win in court you are entitled to your attorney fees. If serious about doing so, feel free to contact me for legal help.