Legal Question in Employment Law in California

I am salary paid and I just worked overtime. I turned my timesheet (don't know why I have to do this when I'm salary) in AND my overtime sheet in together, but I turned them in 2 hours late due to HEAVY traffic in my office. When it was time for me to get paid a week in a half later, I was only paid my normal check (salary), but my overtime was not included. I was told that since I was late turning my overtime paper late, that I will get paid that on my NEXT check....I am SO upset. Is that legal??? Can payroll really do that? What are my rights IF ANY.


Asked on 9/18/12, 8:48 am

1 Answer from Attorneys

Why would you get paid overtime if you are a salaried exempt worker? Sounds like you are a non-exempt worker whose "salary" is just the calculation of your full-time regular-time wages, otherwise you would not get overtime at all. As for the rights of workers who are entitled to overtime, to be paid overtime in any particular paycheck, the employer is entitled to establish a payroll submission cut-off. If the correct recorded time is not submitted by the employee by the cut off, the employer cannot skip paying them entirely, but they are entitled to pay them nothing more than their normal average pay, and then adjust it up or down in the next pay period based on actual time entries. In fact many employers have a policy that overtime is ALWAYS paid two checks out, to avoid the hassles of dealing with employees who can't meet deadlines but then expect to be paid anyway.

Read more
Answered on 9/18/12, 10:39 am


Related Questions & Answers

More Labor and Employment Law questions and answers in California