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Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33166
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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we work 5 days regular plus over time. on rotation we work

Resolved Question:

we work 5 days regular plus over time. on rotation we work the same week plus on call which places our work week to 12 days . the second week is being paid normal rate plus normal over time rate. no or very little breaks during the day. is this right? this has been going on for 5 years now. I feel cheated.
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Tina replied 5 years ago.
Thank you for contacting

What did the labor board's investigation of this matter reveal?

You are being paid overtime for hours exceeding 40 per week?

If so, what constitutes the alleged violations by the employer?
Customer: replied 5 years ago.
They did not investigate as of yet, I just made an inquiry. We are being paid over time on our normal 40 hr week. my question is what should we get paid the following days past 7th day of work. We are getting paid normal rate plus normal overtime rate for any overtime worked as if the week just started but our week is only half worked.
Expert:  Tina replied 5 years ago.
Under state law, the employer is typically required to pay overtime for hours exceeding 40 per week. Therefore, each week is normally viewed separately. Once you have completed a 7 day period, the number of hours worked starts over in that the employer can pay your regular rate until you work 40 hours during the second week and same for the thirds week and so on.

Employers are normally required to provide work breaks for employees who work at least 4 hours in a row.

The labor board should investigate and collect any back wages owed and compel the employer to adhere to state employee break laws.

Good luck and take care.



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