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nyclawyer
nyclawyer, Attorney
Category: California Employment Law
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I was told by my administrators secratary (who calculates

Resolved Question:

I was told by my administrator's secratary (who calculates the timecards) that people
can "make up" regular hours by working over 8 hours and not get paid overtime?

I thought anytime you worked over 8 hours in California you had to be paid overtime?

The secretary showed be a form that had been made that is an agreement between employee-employer stating that the employee will be 'making up' missed hours by working more than 8 hours on another day and not recieving overtime. Currently there are 18 fulltime employees, 6 partime employees and 5 contracted providers as well as the incorperated owner. Very curious, no respect for the law here!
Submitted: 3 years ago.
Category: California Employment Law
Expert:  nyclawyer replied 3 years ago.
Hello,

So sorry to hear of this dilemma. If my answer is not clear to you, please ask me for clarification. You are indeed correct here and may point out the following information as well directly from the state labor department. If you work the hours you mentioned, overtime has to be paid, independent of any agreement otherwise.

http://www.dir.ca.gov/dlse/faq_overtime.htm

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nyclawyer, Attorney
Satisfied Customers: 51106
Experience: Experienced lawyer helping employers and employees reach solutions and litigate disputes.
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Customer: replied 3 years ago.
One more question. I went to the the ca.gov website and they had a "overtime exemption" section. Although difficult for me to understand, does it say that if someone administrative makes 2x the minimum wage they can go into an agreement that allows them to work over 8 hours in a 24 hour period?

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