Legal Counsel : Hello. I am Legal Counselor. I am reviewing your question and will respond soon.
Legal Counsel : I will try to answer your question without having to ask any questions. If your daughter is an hourly employee ad should not be considered "exempt" from the ovetime laws. Under California law, if she is not an exempt employee, her employer must pay her one and one-half (11/2) times her hourly rate for every hour worked in excess of 8 hours in one day or in excess of 40 hours in one week. For every hour she works in excess of 12 hours in one day, she is entitled to doble (2x) her regular hourly rate of pay.
Legal Counsel : She is also entitled to a paid 10 minute rest period for every 4 hours worked, and the 10 minutes are incuded in computing the number of hours she works, and the 10 minute rest period must be given during the 4 hours. She is also entitled to a 30 minute meal peroid for every 5 hours worked. She is also entitled to a second 30 minute meal period, if her total hours worked in one day is more than 10 hours. She can agree to not take her 2nd meal period but it has to be by her consnet, and only if she doesnt work more than 12 hours in a day. She is not neccessarily considered "exempt' from the overtime laws because she is on a salary. The nature of her work duties is what determines whether she should be entitled to overtime pay. If her work duties are not at least 50% of "exempt" type work, then she is considered an hourly employee and is entitled to overtime pay for all those long hours she has been putting in. Of course, determining whether your daughter is an "exempt" or "non-exempt" employee, it is important to know what is her occupation and her work duties. If she works under a supervisor, she may be entitled to overtime. But if she is a professor or someone who is not supervised, she may be exempt.
Legal Counsel : If your daughter is entitled to overtime pay for all of her long hours, please help her get payment for all those hours. The local office of the California Labor Commissioner will assist her in receiving payment. She needs to fil out the paper work and list the hours. If her employer has failed to keep track of her hours, the Labor Commissioner will accept your daughter's records of her hours. If she is the sole family provider, I certainly would not want her to quit. Remember that her employer cannot fire her for seeking payment of her overtime wages. .
Legal Counsel : If I have adequately answered your question and given you helpful information, please "Accept" my answer and rate my service. It is imporatnat to me that I provide you with excellent service and help you with your question.
I already new most of what you said and like I said she is salary and is pretty much made to work a lot of overtime and a superviser that yells a lot to get work done and she works almost nonstop, always complaining she is always behind and if she takes breaks or lunch she falls further behind.