Legal Question in Employment Law in California

weekly hours worked

I work for a asphalt refinery, I work 7 days a week straight and work 56 hours, overtime is only paid after 8 hrs in any one day. There are three shifts, shifts are as followed, 6-2 Tues- Mon, days off Tue and Mon, 2-10 Thur- Wed, day off Thur, 10-6 Fri- Thur, days off Fri-Mon.

My question is should not the hours worked over 40 be paid as time and half being that I work seven days straight? I was told that this is because the beginning of the work week starts Sun- Sat. But being that work shifts my work week starts on different days. I am not an attorney, employee of refinery.


Asked on 11/01/08, 3:54 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: weekly hours worked

Your union contract defines your rights generally [assumes a union]. OT is payable over 8 and over 40 straight. If your union is useless, file a claim with the Labor Commissioner. If you're in SoCal, feel free to contact me after you've filed if serious about getting legal help with the hearings and trial you face in a disputed claim.

Read more
Answered on 11/03/08, 5:27 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in California