California Employment Law
California Employment Law Questions Answered by Legal Experts
Good morning Dan,I'm Doug, and I'm very sorry to hear of your situation.Unfortunately, even when an employee disregards XXXXX XXXXX instructions of the employer, and works hours in a day not authorized and thereby incurs overtime hours, the employer---under both CA employment law and federal employment law----has no recourse but to pay the overtime.That being said, the employer may discipline the employee(s) who violated the employer's directions and which resulted in unintended overtime. However, this discipline is the only remedy allowed the employer. It would even be in violation of labor laws and the Fair Labor Standards Act for the employer and employee(s) to enter into an agreement for the employee(s) to accept straight time, or comp time, in lieu of overtime pay. Discipline is the only remedy allowed the employer under the law. I'm sorry.You may reply back to me using the Continue the Conversation or Reply to Expert link if you have additional questions; and if you do, I ask that you please keep in mind that I do not know what you may already know or with what you need help, unless you tell me. I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.Please remember to press the smiley faces/stars on the right of your screen when we are finished with our communication so I will be credited for my time in assisting you. Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and contact me with whatever issue or clarification you may need. I will be happy to continue further and assist you until I am able to address your concerns to your satisfaction.I wish you the best in 2013,Doug
All I received is a cut and paste from the CA labor code which I had already been to myself. I was expecting some additional insight.
I’m truly disheartened to see that you rated my assistance to you as negative (the first or second star/face). How may I better answer your question for you? I invite you to ask any additional question that you may need to, for clarification of your issue.
I'm interested in understanding why you felt my service to you was poor. Would you please explain that so I can understand how I failed you?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).