Legal Question in Employment Law in California

Re: Workweek and Pay period

It appears you already believe you are owed overtime and it appears you are. Should you work more than 8 hours in a day or 40 hours in a week you are eligible for overtime depending on your position, type of work and rate of pay. The California Labor Commissioner has several Wage Orders which governs the different positions and exemptions from overtime.

You can speak to your employer about this, as they are not a Calfiornia company and may not appreciate your rights in this state. This is a common problem. However, once you ring the bell, it to unring it - if you know what I mean.

You may contact the California Labor Commissioner or our office for more assistance.

Sincerely, Beth Mora

Re: Workweek and Pay period

I represent workers for overtime and unpaid wages claims. Your right to overtime depends on which industry and type of work you perform. The CA Dept of Labor Standards Enforcement division publishes Wage Orders, which dictate the rules for each workplace. Some types of work--office assistant, for example--have the right to overtime, while others--like agricultural employees, do not until after 10 hours in one workday. It is a very technical question.

Please feel free to call my office for further assitance.

Best of luck,

Sergio Benavides

www.benavideslawfirm.com

Re: Workweek and Pay period

NO, if you are hourly. OT is payable after 8 hr/day or 40 in the seven day week. File a claim with the Labor Commissioner. Hopefully, you have some records of the time worked, or can credibly show it. Feel free to contact me if interested in getting legal help with the filing and hearings required.