Legal Question in Employment Law in California
I work 12 hour shifts, as a non- exempt employee. I am supposedly paid overtime based on 8 hours in a day or 80 hours in a two week pay period. Today I found out, that, though I work 7 days, (84 hours) because I work 12's, I make 56 hours straight time and 28 Hours overtime. The over time doesn't count towards the full 80 hours. So to reach 80 hours, I must work 10 12 hour days. I was lead to believe that the 80 hours didn't matter if some was overtime or straight, it was hours worked. So just wanted to know what the state mandated. I am in california
3 Answers from Attorneys
Unless your work is government by a union contract, California state law requires that non-exempt employees who work more than 8 hours in a 24 hour period, or 40 hours in a week, must be paid overtime.
The law does not provide for OT based upon an 80 hour two week period. It is OT after 8 per day or 40 per week. This company appears to be in violation. If you can't resolve it, you can file a claim with the Labor Commissioner.
I agree that it appears that your employer is in violation. Are your co-workers affected in the same way? If so, there may be grounds for a class action wage and hour suit on behalf of you and all co-workers who are similarly situated.
My firm handles such class actions. Please contact me if you are interested in a no-obligation, no cost consultation.
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