Legal Question in Employment Law in California

Overtime?

I work every day from 8 to 5, which is a 9 hour work day. Should I get paid 1 hour overtime everyday?


Asked on 7/16/07, 8:45 pm

2 Answers from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Overtime?

Assuming you are a non-exempt employee and you don't get any lunch breaks (which the law requires), yes.

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Answered on 7/16/07, 8:51 pm
Terry A. Nelson Nelson & Lawless

Re: Overtime?

If you're salaried, probably not. If you're hourly and not given lunch and breaks, then you may be due OT, with interest and penalties. If you've already tried to resolve it with the company, you can file a Labor Commissioner claim. Feel free to contact me for legal help with the process and the hearings. If you win at trial, you're entitled to your attorney fees.

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Answered on 7/16/07, 9:19 pm


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