Legal Question in Employment Law in California
I work for an employer that books work for outside companies as a service vendor. On occasion, we will work overtime in a day, but then have to go to another job the following day with very little time off to sleep (sometimes 5-6 hours). I have been told that the rates aren't overtime due to the fact that we can't bill the client as overtime rates because they aren't the client that we went into overtime on.
How should this affect overtime pay according to California labor codes?
4 Answers from Attorneys
You already recited how it works, as told to you by the company. OT is payable if incurred at ONE job. Think about someone who chooses to work two full jobs per day for two employers. The second employer is not paying him OT.
This is one of the few times that Mr. Nelson and I might have a disagreement.
I read your question as saying that you have one employer, who sends you to Client A, gives you a break of 5-6 hours, then sends you to Client B. Your employer in all cases, however, remains the same.
In this case, the fact that you worked for two different clients has no impact on your right to overtime. The question for overtime is hours worked vis-a-vis your employer, not hours worked for a particular client.
I agree with Mr. Nelson, however, if Clients A and B in my hypothetical are your direct employers.
Call an employment law attorney to discuss. Prior to calling, however, write down the days and hours you worked in which you worked over 8 hours in one day or over 40 hours in one week and add them up. If you worked for one employer at different clients' businesses and you were nonexempt, you should be paid at least time and one-half for the overtime. An employment law attorney should be able to get the overtime owed - going back at least 3 years, plus 10% interest, and possibly waiting time or late penalties PLUS their fee.
Law Office of Kristine S. Karila
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I'd agree with Mr. Perry. You may be eligible for unpaid overtime pay. Feel free to call Eisenberg & Associates, where I am an attorney, for a free consultation at (213) 201-9331. We are located in Los Angeles (Koreatown).