Legal Question in Employment Law in California

Overtime & Lunches

I work for a HUGE healthcare insurance company with offices located throug the US and countries. My department we have been short staffed for over a year now. This is causing us to have to work through breaks, lunches, and overtime. We are considered hourly-salaried (we are paid a certain $$ per year, which is paid on an hourly basis), so we receive overtime pay. I thought that companies need to make sure that their employees are suppose to take their two 10 minute breaks and 30 minute lunch? They keep a log of clock in/out on their intranet and there are many times me and my fellow workers dont clock out for lunch, and there is NO RECORD of anyone taking 10-min breaks. In addition, sometimes when we have a vacation day or sick day (as example, on Monday) and then we work overtime on Tuesday and Wednesday - instead of paying the overtime our boss marks it as ''make-up time'' and applies the overtime $$ to the Monday that we had off - instead of using our vacation or sick day. I absolutely DO NOT like working overtime and should be compensated and it feels like they are cheating me out of my $25/hr overtime rate and only paying me as make-up time of $17/hr. CA law requires OT pay over 8hrs/40hrs week. Can they do this?


Asked on 7/07/07, 2:58 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Overtime & Lunches

Can they? Sure, they're doing it aren't they?

The better question is: can you do anything about it?

Yes, employees are entitled to breaks and lunch, and payment for OT and penalties for violation. You probably also have a claim for full OT on the forced make up time. You can file with the Labor Commissioner, as can any others in your position. I would be happy to help you in this, a group doing this together would have credibility, and shared resources.

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Answered on 7/09/07, 3:08 pm


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