Legal Question in Employment Law in California
No overtime pay!!
When my friend hired by his employer as an AutoCAD drafter, they have agreed for working 25 hours per week, as a part-time worker. Later on, his employer requested him to work more than 5 hours per day and also sometimes worked during Saturday and Sunday. And it comes out that my friend worked for 90 hours total for during last two weeks (74 weekday hours, plus 16 weekend hours). However, the employer said that because when he hired my friend, 25hrs per week was the agreement when hired him, so, the employer will only pay 25 hrs for each week (weekdays) plus extra 16 hours wage for weekends at ''regular hourly rate''. As a result, the employer didn't pay my friend for the remaining 24 hours (90-25-25-16 = 24). I would like to know if the employee have the right or earn the wage for those 24 extra hours that he worked, in other words, is there a limit that the employer only pay 25 hours for each weeks (weekdays) even if they agreed for 25 hrs per week at first? Also, for working during weekends, do we still use regular hourly rate to calculate the wages?? or is there a higher rate for that? Thank you
1 Answer from Attorneys
Re: No overtime pay!!
Overtime premiums must be paid to non-exempt employees for all hours worked in excess of 8 hours a day or 40 hours a week. These premiums cannot be waived, even by agreement. It appears your friend has a valid claim.
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