Legal Question in Employment Law in California
I am a non-exempt worker in a healthcare facility. Working night shift that is 7 consecutive days on and 7 consecutive days off. Each shift is 11.5 hrs (11hrs on every Sunday, so each biweekly period does not go over 80 hrs). 2 questions regarding my work situation.
1) I was asked to sign an agreement that I am ok to get only straight rate (even if I work more than 8 hrs per day), so basically no OT for me. Is this agreement legal? I just realize that the person who covers my vacation get paid 3.5 hrs per day for working my 11.5 hrs shift, and not asked to sign the agreement.
2) I work solo in my department. Even though pace is slower at night, I am not assigned any break or lunch time that will allow me to take a break from my duty.
I am always standby/ working throughout my whole shift? My boss simply never mentions and just expect me to perform my duty at all times. Is this arrangement legal? What can I do in this case?
Thank you.
2 Answers from Attorneys
You can get an actually useable opinion by contacting the local office of the Labor Commissioner and requesting one. If they believe this to be a rules violation, they can file a claim for you.
Call an employment law attorney to discuss. More facts are needed. What is your occupation/title and duties? If you are truly nonexempt, you are probably owed overtime at time and one-half for any work over 8 hours in a workday OR over 40 in a workweek and double time for hours over 12 hours in a workday. Seventh consecutive day pays time and one-half for the first 8 hours and double time after that. If you are unable to have the opportunity to take 2 ten minute paid breaks per 8 hours of work and at least a 30 minute unpaid meal period which is duty free, you get one hour of pay for EACH violation.
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