Legal Question in Employment Law in California

I work as a Contractor in California and was wondering if it is legal to pay an employee by the number of hours in a day and not for the hours they worked? I will be more specific, their workday is from midnight to midnight, if I work from 4pm to midnight that would be 8 hours, correct? but if I have to hold over for whatever reason an hour, that hour is not considered overtime since it's on a new day, is there a loophole that they're using I'm not aware of?

Also have a question regarding an anniversary check, I wasn't given my one year anniversary check because they said I didn't have enough hours for the year, I did get it about 6 months later, however this year I have yet to receive it and it's been 4 months since my anniversary date, can they keep it even though I have been working the entire year and my anniversary date has not been changed?...Thanks


Asked on 12/03/10, 3:12 am

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

The Labor law looks at the number of hours worked in a row, not the number of hours worked on a specific day. Besides, if you work 4 pm to 1 am starting on December 5, and 8 hours form 4-12 pm on December 6, youactually work one hour 12/6 from the work shift starting 12/5, so you are entitled to one hour ovetime pay. Waht is a salaried salesman has to fly to China -- do they count the number of actual hours the trip took or only look at the clock see they arrived the next day because of going through different time zones?

Money that is owed you should be paid within a reasonable period of time, whlich means a few days, not 4 months.

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Answered on 12/08/10, 11:09 am


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