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California Overtime Violations



Does your employer owe you for unpaid overtime? California law provides protections for employees, with stiff penalties for wage and hour violations. If you believe that your employer has violated the California labor code, you have every right to file an overtime lawsuit.

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As a general rule, employers must pay an overtime premium of one and a half times the employee’s regular rate for all hours worked in excess of 40 within a workweek and to also pay at least the minimum wage for all hours worked. However, the law also establishes certain exceptions to these requirements. The workers not protected by overtime laws are referred to as ”exempt.”

Overtime CaliforniaWhether you're eligible for overtime pay depends on whether you're considered exempt or non-exempt. Your employer might classify you as "exempt," but according to overtime pay laws, you still may be eligible based on your actual job responsibilities. Too often, employers misclassify their employees – perhaps unintentionally—to avoid paying overtime and benefits.

California overtime law violations include unpaid overtime for working extra hours or for work done "off the clock," and not being compensated for meal breaks and rest breaks.

CALIFORNIA OVERTIME LAWS

The state of California has more stringent overtime pay laws than most other states. According to the California Labor Commissioner’s Office, a California employer must pay overtime, whether for authorized or unauthorized overtime hours, at the following rates:
  • One and one-half times the employee's regular rate of pay for all hours worked in excess of eight hours up to and including 12 hours in any workday, and for the first eight hours worked on the seventh consecutive day of work in a workweek; and
  • Double the employee's regular rate of pay for all hours worked in excess of 12 hours in any workday and for all hours worked in excess of eight on the seventh consecutive day of work in a workweek.

Minimum Wage

As of 2021, California’s minimum wage is  $14.00 per hour (or $13.00 per hour for employers with 25 or fewer employees). However, certain cities have chosen to increase that amount—it cannot be lowered. For example, in the City of Los Angeles the minimum wage is $15.00 per hour (or $14.25 per hour for employers with 25 or fewer employees)
 

OVERTIME & BONUSES

California labor law requires that the rate of pay on which overtime pay is calculated include hourly wages, salaries and wage augments, such as shift differentials, non-discretionary bonuses, commissions or piece-rate pay if received by the employee. To calculate overtime on hourly wage only is an overtime bonus violation.
 

MEAL BREAKS & REST BREAKS

Missed meal breaks are a common complaint in overtime lawsuits. According to California labor law, an employee who works for more than five hours per day must receive a meal break of not less than 30 minutes. If the workday is no more than six hours, the meal break may be waived by mutual consent of both the employer and employee.

If an employee works more than 10 hours a day, a second meal period of not less than 30 minutes is required. If the total of hours worked is no more than 12 hours, the second meal period may be waived by mutual consent of the employer and employee only if the first meal period was not waived.

Rest Breaks must also be provided. California labor law requires that non-exempt workers receive a 10-minute paid rest period for every four hours worked. It is recommended that the rest period be in the middle of the work period.
 

Meal and Rest Break Penalties

Employers—even if they accidentally misclassify employees— owe a penalty of one hour of pay at the employee’s regular rate for every workday in which a meal break is not provided – same rule applies for rest breaks. For instance, if you work an eight-hour shift without meal and rest breaks you are entitled to collect one hour for the missed meal period and one hour for the missed rest breaks.
 

Donning and Doffing 

Many industries and companies require specialized gear to prevent the risk of injury or illness on the job, and to prevent the spread of virus. Putting on and taking off protective gear, including personal protective equipment such as PPE during the coronavirus pandemic, is called donning and doffing. Some employees need to don and doff during breaks as well as starting and ending their shifts.

Work gear can often take 10 minutes or more to put on and take off for each shift, plus time spent dressing and undressing for breaks, but employers frequently do not pay for that time.

In addition to uniforms and safety gear, some employees at restaurants are required to come in 15 minutes early to learn about the day's specials, set tables and taste food so they can recommend it to customers. Although this time is required for work—and although it benefits the employer—in some companies such time is unpaid, meaning workers are giving up an extra 15 minutes per shift for the benefit of their employer. For employees who work full-time, that extra 15 minutes per shift is unpaid overtime, and over the course of a year, that unpaid overtime could add up to hundreds of dollars of unpaid work.

EXEMPT EMPLOYEES & MISCLASSIFICATION

Salaried employees may be eligible for overtime pay. Being paid a salary rather than hourly does not automatically make an employee exempt from California overtime pay.

In January 2020 Assembly Bill (AB) 5 became effective.  AB5 requires the application of the “ABC test” to determine if workers in California are employees or independent contractors. Its purpose is to assess the actual work being done rather determine work by job titles or written job descriptions. Under the ABC test, a worker is considered an employee and not an independent contractor, unless the hiring entity satisfies all three of the following conditions:
  • The worker is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact;
  • The worker performs work that is outside the usual course of the hiring entity’s business; and
  • The worker is customarily engaged in an independently established trade, occupation, or business of the same nature as that involved in the work performed.
To be exempt as an Administrative Employee, an employee must perform non-manual work as his or her primary duty directly related to management policies, or general business operations, or perform work in educational administration.

To be Exempt as a Professional Employee, an employee' primary duties must consistently involve discretion and judgment, and work which is predominantly intellectual and varied.

To Be Exempt as an Executive Employee, an employee must regularly direct the work of two or more other full-time employees, and have management as his/her "primary duty." An exempt employee must also make over a certain amount of money a year, and must be paid salary. Exempt employees are not eligible for overtime pay, meal and rest period requirements, uniform requirements, and other protections of the Industrial Welfare Commission Orders.
 

Domestic Workers

The California Domestic Worker Bill of Rights extends overtime protections to domestic workers and personal attendants who care for and support individuals and families in California. 

California law has different overtimes rules for personal attendants, as compared to other types of domestic workers. To determine what overtime rules may apply to a particular domestic employee, there are typically two questions: Does the worker qualify as a “personal attendant” as opposed to other types of domestic workers? Does the employee live in the home? The answer to these two questions will determine when overtime is owed, if at all.
  • Personal attendants are usually employed by a private household or any third-party employer recognized in the health care industry to work in a private household. Duties of a personal attendant include supervising, feeding, and dressing a child or person who needs assistance because of advanced age, physical disability, or mental deficiency. Typically they are nannies, nurses, and caretakers.
  • Other domestic workers provide services related to the care of people in the home, or maintain private households or their premises. Typically they are butlers, chauffeurs, cooks, gardeners, tutors, housekeepers, guards, and assistants to healthy adults.
  • Domestic workers who do not live with the family or in the home are entitled to:
    • overtime (1.5 times the regular rate of pay) for hours worked over eight in a day or 40 regular hours in a workweek;
    • overtime for the first eight hours worked on the seventh consecutive day of the workweek (depending on the hours spread over the workweek);
    • double time (2 times the regular rate of pay) for hours worked over 12 in a day; and
    • double time for hours worked over eight on the seventh consecutive day of the workweek.
    • Babysitters under the age of 18 or individuals who work irregularly or intermittently as babysitters may not be entitled to overtime.
  • Live-in domestic workers are entitled to:
    • overtime for hours worked over nine in a day;
    • overtime for the first nine hours worked on the sixth and seventh consecutive day of the workweek; and
    • double time for hours worked over nine hours on the sixth and seventh consecutive day of workweek.

Agricultural and Outdoor Workers, Including Illegal Immigrants

As of January 1, 2021, overtime rules for employers of more than 25 employees in agricultural occupations start at eight and one-half hours per workday or 45 hours per workweek.

 And by January 1, 2022, overtime rules for agricultural workers will finally be the same as those for other employees in the State of California. An agricultural worker will not work more than eight hours per workday or work in excess of 40 hours per workweek unless the employee receives overtime. Full details are in IWC No. 14-2001.

Individuals employed in agriculture and outdoor work such as landscaping and farming are legally entitled to sufficient rest breaks (minimum five minutes in the shade) when temperatures exceed 85 degrees Fahrenheit. This law applies to everyone, including illegal immigrants, who now have a number of rights and protections under Bill 263.

Bill No. 263 prohibits an employer from engaging in "unfair immigration-related practices" when an employee asserts protected rights under the Labor Code. For instance, if you are an illegal immigrant and complain to your employer that you are not receiving minimum wage ($14.00 per hour or $13.00 per hour for employers with 25 or fewer employees), your employer may not threaten retaliation such as firing you or reporting you to immigration authorities. An employer who violates the California labor laws and California overtime laws is liable for a civil penalty not exceeding ten thousand dollars ($10,000) per employee for each violation of this section.

The California Labor Code § 226.7 prohibits employers from requiring employees to work during meal or rest periods. If an employee does not receive the proper meal and rest periods, including the "recovery periods" or "cool down period” afforded an employee to prevent heat illness, the employer must pay to the employee one hour of pay as a penalty. Employers are advised to review California OSHA recommendations to comply with steps to prevent heat illness.

CALIFORNIA MANAGERS

All employees are entitled to overtime unless their employer can establish that they are exempt from overtime under one of four exemptions: managerial, administrative, learned professional, and outside sales.

Managers are generally exempt from overtime compensation under state and federal wage and hour laws. However, it is important to remember that the ABC test determines whether an employee is exempt: it is job duties and not job titles that determine whether or not manager or assistant manager, just like any employee, is exempt from overtime.

To be exempt under the managerial category, an employee's primary job duties must be consistent with those required for managing, including:

Customarily and regularly directing the work of at least 2 or more employees
Customarily and regularly exercising discretionary power
The authority to hire and fire employee
The ability to make comments and suggestions about personnel matters that are given weight by the employer

To be exempt, the employee must spend more than 50 percent of his/her time performing the above-listed duties. For example, if an employee spends only half of his or her time in a managerial role and the other half performing the same duties as those he or she supervises, the employee may lose exempt status.

Additionally, to be considered a manager, an employee must earn a monthly wage equal to at least 2 times the state minimum wage x 40 hours.

California ASSISTANT MANAGERS

If you are an Assistant Manager, Assistant Store Manager, Co-Manager, or are in a similar assistant manager job position and do not get paid for working overtime, you may be owed overtime back pay for being wrongfully misclassified as an exempt employee.

Misclassification of Assistant Managers as exempt instead of non-exempt employees is a common problem throughout almost all types of industries, particularly the retail and restaurant sector. Misclassifying assistant managers is a leading topic of lawsuits seeking to recover unpaid overtime and remedy wage theft.

CALIFORNIA PROPERTY MANAGERS

If you are a property manager and do not supervise anyone, and do not have independent discretion, are paid hourly, or are asked to work "off the clock," and do not fall into a particular exemption category, you may be entitled to California overtime pay.

CALIFORNIA COMPUTER SOFTWARE EMPLOYEES

Employees in the computer technology field often work long hours and weekends and are usually paid a salary without premium overtime pay. Under California law, many computer Information Technology (IT), Information Services (IS), and Computer Tech jobs are entitled to awards of overtime pay going back four years.

Many IT, IS, and Computer Tech workers should be getting paid overtime even though they are salaried.  If the duties they perform regularly are routine, repetitive, automated, or are not intellectually varied in nature, they may be owed overtime pay. A California law affecting most computer programmers eliminated overtime and set a minimum wage for these workers, but there are still exceptions.

For instance, Test Engineers (TE) and Quality Assurance (QA) Engineers who perform the repetitive and automated tasks common to this job are likely eligible for overtime and many of their overtime lawsuits have succeeded.

Pay and job duties determine if a California computer professional is entitled to overtime: the more routine and unvaried the work, the greater the likelihood a high-tech employee is owed overtime.

Exempt employees must fit into one of the three different professional exemptions under California law and the federal statute: the learned professional, the creative professional or the computer professional.

As of January 1, 2021, California Labor Code Section 515.5 has adjusted the computer software employee's minimum hourly rate of pay exemption from $46.55 to $47.48, the minimum monthly salary exemption from $8,080.71 to $8,242.32, and the minimum annual salary exemption from $96,968.33 to $98,907.70.

An exempt employee must spend at least 50 percent of his or her time performing what are considered "exempt" duties to qualify as exempt. The legislation states: "the individual must be highly skilled, with proficiency in the theoretical and practical application of highly specialized systems analysis, programming and software engineering."

Therefore, high-tech employees who are mainly troubleshooting accounts, or installing, testing, or configuring technology products based on given requirements may be eligible for unpaid IT overtime lawsuits.

The software professional wage/hour exemption in California does NOT apply to:
  • Trainees or entry-level employees still learning to apply highly specialized information in the computer field;
  • Employees who have not attained the skill and expertise to work without close supervision;
  • Employees who engage in the operation of computers or the manufacture, repair or maintenance of computer hardware;
  • Employees who are engineers or drafters who are highly skilled in computer-aided design but not in computer systems analysis, programming, etc.;
  • Writers who provide content connected with computers and software; or
  • Employees who engage in highly-skilled computer systems analysis or programming for the purpose of creating effects imagery for the movie, TV or theater industry.

CALIFORNIA NURSES OVERTIME

Registered nurses are non-exempt employees--which means overtime rules apply to them–unless they are primarily engaged in executive or administrative tasks and meet the other requirements of the white-collar exemption.

Although there is a professional exemption for overtime wages in California, nurses are not covered by this exemption. California labor law specifically states that “registered nurses employed to engage in the practice of nursing” are not considered exempt professional employees unless they work as an advanced practice nurse (nurse midwives, nurse anesthetists, and nurse practitioners).

In 2021, registered nurses (RNs) in California earn more than in any other state at an average of $102,700, which is $8,560 monthly or $49.37 hourly. This figure can fluctuate based on your city of residence, your employer, and your overall nursing experience.

Travel nurse wage packages vary because in addition to a salary or hourly rate, travel nursing contracts usually provide tax-free stipends, bonuses, and “per diems” for food and housing. Although travel nurses may be employed by a staffing company based in another state, they must be paid in accordance with California laws when they are stationed in the state, including the calculation of overtime wages.

Nursing professionals who are denied overtime wages, meal breaks, and other benefits may be owed these benefits under California labor law.
California SALES EMPLOYEES

The legal issue in many overtime lawsuits filed by sales people is whether an employee is exempt. Commissioned sales people seem to present a particular puzzle to employers. They usually work from their employer’s place of business, do the hard work of cold-calling and following employer-provided leads to sell the employer’s goods or services. They are likely entitled to be paid overtime for hours beyond a 40-hour workweek.

Whether a worker is an inside or an outside salesperson depends on the job duties performed, rather than a particular title. A common mistake many employers make is to treat all commissioned salespeople as exempt employees. Employers are tempted to do so to cut costs, such as overtime and benefits.

Inside salespeople are those who do not leave the office to make sales. These are the workers who typically make sales over the telephone, internet or by mail. They are generally covered by overtime protections.

Outside salespeople regularly work more than one-half the working time away from the employer’s place of business selling items or obtaining orders for products or services.
They have more control over their time and conditions of employment and are usually not entitled to earn overtime. “Outside sales exemption” is the California employment law that says an employer’s “outside salespeople” are exempt from certain employee rights. 

The largest category of exempt employees is executive, administrative and professional employees who earn at least twice the California minimum wage (the “white-collar exemption”).
In order to be exempt from wage/hour laws under this category, an employee must:
  • Have primary duties that are executive, administrative or professional (this generally means that 50% or more of his/her work time must be devoted to such tasks);
  • Regularly and customarily exercise discretion and independent judgment at work; and
  • Earn a salary equivalent to at least twice the state minimum wage for full-time (40 hours/week) work.
As of January 2021, the minimum salary requirement for an employee to be exempt under the white-collar exemption is $54,080 (if the employer employs less than 26 workers).

CALIFORNIA BANK CENTER STAFF (LOCAL KIOSKS)

Employers typically hire minimal staff at satellite bank locations, such as bank kiosks in malls, or as add-ons to major grocery stores. In adhering to the scheduled bank hours of operation, bank center staff is often forced into an unpaid overtime situation, without meal breaks or any breaks at all over an eight-hour shift.

CALIFORNIA CALL CENTER WORKERS

A number of call center unpaid overtime class action lawsuits are currently pending in the United States District Court, and several wage and hour class action lawsuits have been filed against California call centers, claiming that call center employees are not paid for the time spent logging into their computer systems and all required programs before and after their shift.

For instance, Wells Fargo faces a lawsuit that claims call center employees were not paid for time spent working before and after logging into and out of the bank’s phone system.  A California federal judge recently gave final approval to a class action unpaid overtime lawsuit filed by former call center workers alleging that their employer forced them to work off the clock before and after their shifts as well as during lunch breaks.

The California class-action lawsuits allege that, if you are required and/or permitted to come into work early so you can be completely logged into your computer and the necessary programs before the official start of your shift, then you should be paid overtime pay for that pre-shift work time. As well, you should also be paid overtime pay if you have to stay after your scheduled shift to log out of your system. These class action lawsuits typically cover call center employees in the last four years and currently.

CALIFORNIA OVERTIME LAWYER

Leading California law firms are investigating overtime law violations and providing free case evaluations for California employees who are due overtime wages. California and US employment laws protect an employee's civil rights with specific guidelines for overtime pay.

If you work in California and you feel that you are owed overtime pay, you may qualify for damages or remedies that may be awarded in a possible unpaid overtime class action or lawsuit. Click on the link below to submit your Unpaid Overtime complaint.
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CALIFORNIA OVERTIME LAWSUITS


CALIFORNIA OVERTIME LEGAL ARTICLES AND INTERVIEWS

Revel Systems to Settle California Unpaid Wages Lawsuit for $2.75 Million
Revel Systems to Settle California Unpaid Wages Lawsuit for $2.75 Million
April 12, 2019
The District Court for the Northern District of California has approved a settlement in a class action California unpaid wages lawsuit. In the lawsuit, Bisaccia v. Revel Systems, a group of inside sales representatives claim that Revel Systems, Inc. (Revel) failed to pay overtime wages as required under the federal Fair Labor Standards Act (FLSA). Under the terms of the settlement, a group of 149 plaintiffs will share a total of $2.75 million. READ MORE

Workers Win California Unpaid Wages Lawsuit over Shift Call-Ins
Workers Win California Unpaid Wages Lawsuit over Shift Call-Ins
April 8, 2019
It is clear that workers who show up for a shift but are then told to go home because there is not enough work are entitled to wages under California law. The decision in Ward v. Tilly’s, a recent California unpaid wages lawsuit takes it a step further. If you have to call before your scheduled shift is to begin to find out if you really should go in, then you are entitled to wages for a portion of your shift, even if the answer is “no.” READ MORE

Northern California Horse Training Facilities Busted for Wage and Hour Violations and Inhumane Workers’ Housing
Northern California Horse Training Facilities Busted for Wage and Hour Violations and Inhumane Workers’ Housing
April 3, 2019
Oakland, CA: A Northern California owner and operator of two horse training facilities--Portola Valley Training Center in Menlo Park and Gilroy Gaits in Hollister, doing business as EWC & Associates Inc.—has been reigned in by federal court and ordered to pay $1,270,683 to 30 employees for several work visa program violations and California labor law violations. READ MORE
CaliforniaLaborLawNews.com

READER COMMENTS

Posted by

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En la compañía que trabajo podemos trabajar hasta diez días corridos, sin derecho a tiempo extra, según porque el contrato así lo especifica, es eso correcto.
Gracias por su repuesta.

Posted by

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hi, I was trying to know my rights as caregiver. My employer is giving me for my 24 hours service to a client - $210/day, but I work 3 days in a row. I was given minimum salary of $10 x9 hours, then 1.5 x4 hrs X $10 ( that makes me to work 13 hrs ), then 3 hrs x 2 x 3 hrs ( 16 hrs work ), by 10pm I was advice to sleep. They pay me additional if I need to wake up just to assist my patient - all hours I work - I have 2 meal time, 3 x 15 mins break. Are they paying me correctly?please reply.

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Hello,

I work for a warehouse in the shipping dept. Non-professional, non-administrative, and non-executive. I print labels for the boxes that are sent out. I work from 8:30 to 5:pm Every day, but almost every day I work 15 minutes over due to waiting for the parcel services to arrive. This is not EVERYDAY but a majority of time. Understanding that California has the Daily standard of working over on an 8 hour day, does this entitle me to receive lost overtime pay. Payroll has been done by someone who left for about 2 to 3 months (whom does not pay the overtime of 8 hour days) someone new came in and paid the overtime for time over 8 days. The previous payroll individual has come back and now back to not paying the overtime over an 8 hour day. So my question gain all in all, is am I entitled to receive the compensation for this? Thank you for your time. My apologies for it being so lengthy.

Posted by

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I worked for a corporation that had a restructuring and my position was eliminated. Although I was a full time salaried employee, I often worked overtime and on the weekends. Am I entitled to payments for overtime work under California law?

Posted by

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As live-in caregiver, I should get $315/24 hour. But my agency is willing to pay $195/24 hour, and withdraw daily $21.99 for room and board, so my daily rate only $173.01. I'm not homeless, I have an apartment for 10 years; sleep in client's house because the client needs 24 hour caring. I buy my food, because client is under hospice service with special nutrition and I want to eat regular, normal food, not mashed vegetables. But, if I don't sign the paper about withdraw the room and board fee, they don't hire me.
Also, night time I have to get up at least once, but sometimes even three times. But, the agency (and the family) do not willing to pay any amount "because it is your sleeping time" - and I have to pay for my bed.
Where is the truth?

Posted by

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I work 12 hour shifts one of my shifts accrued 1.5 of overtime I normally work 3 12 hour shifts a week this particular week I worked 2 and had taken a vacation day the 3rd out of the 12 hours vacation I had taken they deducted 4 hours to compensate them for the 1.5 hours of overtime I earned is this even leagal.

Posted by

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I work for a bank for like five years and we have be at work before we clock in and do morning procedures but are not paid for it. This morning my manager wants us to be at work before 8:30 to do morning procedures and iam thinking about this and I believe their wrong because if iam not getting paid for it.isn't this a violation

Posted by

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If I work Monday thru Friday hourly and on Monday Tuesday and Wednesday work more than 8 hours and by friday midday hit 40 hrs for the week is the rest of friday overtime and I still get the ot on Monday Tuesday and Wednesday???

Posted by

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My employer is claiming the PTO and holiday hour count toward a 40 hour week. So even though I worked more then 8 hours a day that week. 13 hours over because it was 3 holidays that pay period they only have to pay me for 5 hour. id this correct. according to California Law? Can the count holidays toward the 40 hour week and and not give me overtime? I am a hourly employee. Working in IT.

Posted by

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Our employer made us work 8 hours without lunch. Is any of that time worked considered over time pay?

Posted by

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I work in californian for Halliburton for over 13 years and was not compensated in the over time settlement. I seem to haver excluded out due to the group 3 level they have me listed under but I was been paid group 2 pay

Posted by

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I worked for a company... I was hired as a bailer tractor driver... I worked most of the time 60 plus hours... Some days I would start at 6am n I wouldn't get off until 6am the next day not just some times but lots of times but I would have to stop my time at 12am so that leaves me with 16 hours but I did not leave work my shift still continued on... I had to stop my time n start a new work shift... My boss would say my time stopped for that day at 12am, but I never left my shift.i still had to work n now my time starts back at 0. So I would countinue to work...let's say I stopped woking at 6am. Now keep in mind I worked the whole time for example let's say my shift starts at 6am on Monday oct15 I would not go home most of the time until October the 16th so in reality my time that I worked is 24 hours. But it was not add up that way I would only get from 6am to 12am... Not 6am Monday to 6pm Tuesday... Now my boss has for some reason decide to also pay with different company payroll checks for he has another company per say but he uses the same employs so say I work bailing hay for 3 days at min 12 hrs n most of time more,n for the next 4 days I would run a cultervater at 12 plus hours a day. So that's 7 days at 12 = 84hrs but I would recivie to checks with to different company names.. My point I worked 84hrs but only got 3days on one check=36hours n the 4 days =48hrs but in reality I work 84hrs for a whole pay period!!!!! I lost lots ove over time n that's wrong... Need help please

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the company I work for gives us a laptop, hot spot interenet and cell phone when we are On-call. After working a full 8 hr day and right at 9pm we start our on-call duty. Is this consider overtime or regular pay. We do tend to get Calls in the middle of the night and just curious where does this fall under. Thank You

Posted by

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I believe everyone that is an IHSS provider should be paid for their time, services, etc... Especially for those relatives/non-relatives that take care of/ live with the people they r providing for on a daily basis 24/7... Thank You for any/ all help your willing to provide for Myself and all My coworkers...

Posted by

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I work as a 1099 validattion engineer for a pharmaceutical company, I write test scripts for the local client based on software they purchase, i also review the tested scripts when completed. am i exempt from overtime?

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Hello, the employer i work for has more than one business entity. I work for 3 of those entities and 4 facilities. My job description is a Class B Driver and an Direct Care staff for group homes ranging in adult (ARF) to elderly (RCFE) a Court Ordered Facility (Forensics) and an Adult Day Program (Behavorial). My questions are, i work nearly or close to 138 hours give or take, over my 80 hour bi-weekly pay period, am i eligible for overtime pay? For all 3 jobs my total day pay combined is approximately $29.75 currently and subjected to past raise, mind you this is a total of a 8 year work span. Ive been with the company since 2007. In the past ive worked more hours than i currently do, so do the prior years from 2014 count as over time pay as well? Or do i only claim from 2014 on up? If so, how would i calculate this because i work from one entity to another all from the same owner of the company. I dont know if its time and a half or double time or triple. I need help discussing my situation. Does over time count when i work from one entity to the next. I work seven days a week with no days off. I believe im owed over time for all the hard work that involves in these facilities, your constantly on your feet working and caring for the patients. They also make me do things that are not in my job description for example cut the residents hair or im told to use my personal vehicle at times to take groceries or personal item with me to the next facility. Thats managements responsibility right? Also, I have never recieved any breaks nor the time sheets show break period slots to fill in break time. I work all the way through the 8 hour shift, then continue to the next entity and to the next entity. We cannot leave the facility on our breaks etc. I want to know if i have a case id like to get paid for all my hard work and time. Time and wasted funds thats going into the owners bank account and time wasted from my personal life. Atleast the over time pay wages will make up for that. People struggle to work and make ends meet while the owners get richer of there employees!! I have all my check stubs ALL! Showing my hours worked. I may have to look for some though. But i have them all here somewhere... might have several copies of time sheets too but im not sure. Please let me know if i can get my full 8 years wages owed to me in over time. Ive spoken to my local labor board commission years ago about this and was sadly informed im not eligible for over time wages.

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I have world for acorn since 01,09 and was salatu untill 09,11.im a installer tech .I was not given proper meal breaks or breaks.i still work for company now,but i get over time and 30 min lunch.Do i have a case.

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I have to use time card every 2 weeks. From Monday to Friday off 1st week I works 40 hours. and Saturday 8 hours the same week. Next Monday I off 1 day to used my vacation hour. Can I get pay overtime if the 1st week I have 48 hours and second week 32 hours plus 8 hours vacation?

Posted by

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Daniel would be made to work overtime without breaks or pay and had his commissions and wages stolen from him. He had an accident at work and was not taken to a doctor but was instead put on a more heavy workload. His wife was working there as well and the boss would make innapropriate advances and requests to her in front of him.

Posted by

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All crews worked over eight hours a day and some weeks seven days a week.
We have four guys ready to give hours worked without fair overtime. We were forced to sign payroll sheets with only 40 hours, or we would be laid off.

Posted by

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Wrongful termination after applying for tech pay.

Posted by

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I was paid a “salary” and told that because I was on salary they could have me work as much as they want. Usually worked 10-11-hour days, six days a week. On “family day” (holiday and special days), I worked 12-16 hours.

Posted by

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She is not getting paid for hours worked and she clocked in and has documentation. She was made to work 16 hours straight. She states they do not get a lunches or breaks. She was fired for taking time off for family emergency. She is very upset about this. She feels they owe her money for time worked still. The last day she worked was July 3rd. There are other people complaining about this company for same reasons.

Posted by

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I and a fellow co-worker have voluntarily work several hours of unpaid overtime. We are paid bi-weekly, and reguardless if we work over an 8 hour shift or 40 hours per week we recieve no overtime pay unless we work overr 80 hours in the pay period. We have both been working for this company for roughly about 7-8 months and we have keep time cards on our own and are due for at least 25+ hours of unpaid overtime.

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Health failing after 37 years on job. Environment is extremely tense causing one heart procedure already and a regiment of high blood pressure meds taken daily. Do not want to work overtime.

Posted by

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I just completed 3 months with a vocational nursing school in Orange County, CA as a tutor, success coach. I noted that my checks were less than 80 hours and kept asking what was going on. I was told that the time clock was encrypted with our work schedule and the clock would automatically dock me if I was late for work but would nver give me any time after 5:00 P.M.

My boss asked me to work late but never told me that the time clock was encrypted and that I would not be paid overtime because the clock was encrypted with a strict schedule of 8:30 A.M. to 5:00 P.M. This vocational school has two sites that I work at. One site has the encrypted clock and the other has an old fashioned time clock with a punch card (please note this time clock is usually wrong).

Another item of extreme interest is their claim to review you and give health benefits after your first 90 days. I did not get a 90 day review and was told my health benefits could not kick in until 110 days.

Something is rotten in Denmark. What should I do? The rotten economy is contributing to employers having strangle holds on employees

Posted by

on
Most limousine companies in California only pay their drivers for whenever they have a client in the vehicle. Time spent waiting at the airport for a client's flight to arrive and travel time when the driver is alone in the company vehicle are times when the driver is not compensated. This happens at most of the smaller companies that only operate in one area. I have never driven for a nationwide company so I cannot comment on whether they do the same things in regards to their drivers.

My first experience with a limo company
was as described above and that company owner never indicated on my check stubs if a client left any tip for me,
then when I received my tax forms, there was a W-2 and a 1099 form showing my tips totaling $4,308.00 as non employee income, I ended up being late filing my taxes because of that. I had to file extra paperwork so the IRS could determine if I was an employee or independent contractor.

After that experience, I agree with another former employee of that company that I remained friends with who says that dude is just right for an uppercut!

Posted by

on
Claim is for approx 400 hours of overtime.

Posted by

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Because I was told to keep track of my hours, I feel I am entitled to time and a half for working overtime during the days and additionally on the weekends. When my employer said that she could no longer provide for overtime pay in February, I stopped working overtime since I was no longer being paid for my time or effort. I was fired as a result of this and other erroneous claims.

Posted by

on
I planned, booked and traveled the entire US as an auditor and never received compensation for all the time spent doing this aside from my duties. This company has sought recovery damages against me in small claims for travel-related expenses made prior to my resignation. Its getting uglier by the minute.

Posted by

on
I am required to work 88 hours every 2 weeks, even though I am salaried. I oftentimes, do not get a chance to get a break for lunch and I almost never get my required 15 minute break.
Additionally, though I am a retail store manager, I work well over my 88 required hours due to the copious amounts of work asked of me.
In my job description I am told that I must be on the sales floor 90% of the time.
This leaves little to no time to do actual managerial duties at work during normal hours.
When asked about my overtime pay I was told that I am paid for 88 hours always and it does not matter if I work more. They will not pay me. They also stated that I am NOT eligible for overtime EVER.

Posted by

on
During my 4+ years as an Executive Assistant Manager with Walgreens, I have missed breaks and uninterupted lunch periods each week at a rate of about 3 lunches and 8 breaks each week. As well, a legal professional I have communicated with stated that because Walgreens' managers are expected to stock, merchandise, cashier, and receive product, among other things, that I was misclassified as a manager and that as such, I would be entitled to overtime pay as well as the missed breaks. Walgreens pays EXA's for 44 hours each week, however, we are classified as salary and exempt. The 44 hours is paid as straight pay with no formula for overtime. As an EXA, you work at least 45-50 hours per week, and during the holiday season, it averages 60 hours per week.

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