Legal Question in Employment Law in California
Over time
At the company I work at over time is a big issue because it cost our company a lot of money. The sales department has so much work to do that it is impossible to get it done in 8 hours. Most of our sales team will take their required two 10 min breack, but still sit at there desk and work and just not take any phone calls. They will also clock out at the end of the day and if they still have work to do they will stay after and still work. Our company is not telling them that they need to clock out and still work, but they do tell them to clock out at 5, and know that they come back in and work more. And many times if the person is working on something and is almost done or just has a question the manager will tell them to go clock out and come back and quickly finish it up. Isn't that illegal?
2 Answers from Attorneys
Re: Over time
It's grounds for an OT claim, with interest and penalties. Those affected could file with the Labor Commissioner, and get legal counsel to help them in the pleadings and hearings. Feel free to contact me if interested in doing so.
Re: Over time
Yes. Whether the employer requires it or not, if the internal sales employee works more than 8 hours a day, they must be paid at overtime rates. The company is also responsible for making employees take their ten minute breaks, subject to penalties.
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