Legal Question in Employment Law in California

You might be, depending on a number of factors. Please feel free to call my firm, Eisenberg & Associates, for a free consultation at (213) 201-9331. We are located in Los Angeles and serve clients throughout California.

What you describe is a VERY COMMON OVERTIME VIOLATION in the cable installation industry. I am working on a number of lawsuits over this. See my website coxlawsuit.com. Or call 800-257-4841 for a free, confidential, consulation.

No matter how the employer chooses to structure your wage, it must be designed to pay no less than minimum wage for the first 8 hours in a workday and 40 hours in a workweek. In addition, you must be paid overtime premiums for hours worked in excess of 8 and 40.

You should be keeping an accurate record of your own time, even though the employer is required to do that for you. They should also be providing you with a paystub showing the number of hours you work in the pay period. Compare those hours with your records.

If you are not being paid correctly, you should see an employment law attorney, in your area, as soon as possible for advice and assistance.

The answers you have received are sort of right but rather unclear. The simple answer is it depends on whether your total income per day and per week adds up to at least minimum wage PLUS any overtime that would have been owed if you were simply paid a straight hourly wage. So track your hours and calculate what you would be paid if paid straight hourly wage. Just remember, though, that overtime is not doubled. So if you work a M-Su week of the following hours: 8, 10, 8, 8, 6, 2, off, you would only get 2 hours OT, not 4. Since you already get OT for the extra 2 hours on Tu, you don't get it again for going over 40 hours by 2 hours. If it was 8, 10, 8, 8, 8, 2, off, you would get 4 OT hours total, not 6. Once you know what your pay would be at minimum wage for the regular and OT hours worked, then you know if you are being illegally paid less than required by law.