Legal Question in Employment Law in California

Voluntary overtime

I voluntarily worked a few 16 hours days over the past few years for straight time so I could keep my 40 hr work week status and have more days off during the week. The administrator at the time said it was ok. When that administrator left, the new administrator said that was totally illegal and started paying me overtime from that point on. He said that even if the employee agrees to do it for straight time it still is not legal.

My question is, is this true and if so does the company have to reimburse me for the days that I did the overtime for straight pay in the past?


Asked on 6/23/04, 9:24 pm

2 Answers from Attorneys
Thomas Pavone Pavone & Cohen

Re: Voluntary overtime

You are entitled to overtime pay for all hours worked over 8 in a day or 40 in a week. California law does not permit an agreement to work such hours without overtime pay.

You may go back 3 years to recover the overtime you are due.

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Answered on 7/02/04, 7:10 pm
Terry A. Nelson Nelson & Lawless

Re: Voluntary overtime

Pay for OT is required, but if you don't file a claim or demand it, the company would be somewhat safe in not paying this particular issue. If you demand the back pay, they will have to pay it, probably. Contact us if you need help in collecting it.

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Answered on 7/02/04, 7:43 pm


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