Legal Question in Employment Law in California
Overtime pay for less than 40 hrs a week.
I am in special trade and very hard to replace my skilled worker.On accassion he would take few hours off per week for his personal needs. On accassion when I request him to make up for the hours lost,I am forced by law to pay him overtime if he works anything past 8 hrs in a single day.
Is this unfair nonsence tru?
1 Answer from Attorneys
Re: Overtime pay for less than 40 hrs a week.
There is a specific provision in the California Labor Code (Section 513) that permits an employee to work up to 11 hours in a day to make up hours missed within the same week, without having to pay overtime. But there are very specific requirements that must be complied with, such as the employee making the request for time off, in writing.
If you do not comply with the provisions of this section, you must pay overtime rates for any hours worked over 8 in day or 40 in a week. The alternative is to not allow him to work the extra hours.
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