Legal Question in Employment Law in California

I work for a restaurant that is open 7 days a week from 6:00 a.m. to 1:00 a.m. and pays every Monday. I worked Tue to Sun from 9:00 to 3:00 and the following Monday from 9 to 3 with Tue off and Wed to Sun from 9 to 3:00 p.m. Since I worked 7 consecutive days should they pay me Monday as Overtime? Also one day I forgot to punch out for lunch and they paid me only 5 hours and the other 2 until the following pay check is this legal?


Asked on 10/06/11, 11:14 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Work weeks are 7 days long. Whatever is the first day starts the count. If you are entitled to hourly pay, you get OT for anything over 8 per day, and over 40 in the week, double time on 7th day. You get paid per the timeclock, or penalized. If you think you are entitled to unpaid comp, you can file a claim with the Labor Commissioner and let them try to sort out the issues and hours.

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Answered on 10/06/11, 12:47 pm


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