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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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i was hire to do 40 hours a week salary mon 8 hour tues 9

Customer Question

i was hire to do 40 hours a week salary
mon 8 hour
tues 9 hour
wed 3 hours
thur 5 hour
friday 8 hours

my boss say i am only allow tuesday Overtime 1 hour, at .5 time not 1.5 can he do that?
Submitted: 3 years ago.
Category: California Employment Law
Expert:  Joseph replied 3 years ago.

Hello and welcome to JustAnswer.

 

I'm very sorry to hear about your situation and hope I can help. My goal is to provide you with excellent service today.

 

No, your employer can certainly not do that. It is illegal for an employer to pay an employee any less than 1.5 his normal rate of pay for overtime hours, which includes all hours worked in excess of 8 in a day.

 

If your employer refuses to pay you the overtime that you are owed, you can and should file a wage claim against your employer with the California Department of Industrial Relations, Division of Labor Standards Enforcement.

 

You can do so using the forms and information available online here:

 

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

 

In addition to the unpaid overtime, you would also be due a waiting time penalty of a day's wages per day you were required to wait to receive the wages you were owed. You may also be entitled to additional damages and fees for your employer's failure to compensate you for the overtime that you have worked.

 

I hope the above information is helpful. Since my goal is to provide you with the best service today, please do not hesitate to ask me any follow up questions or request any additional information.

 

If and when you are satisfied with my answer, please remember to rate my answer positively so I get credit for my work!

 

Thanks and best of luck!

Expert:  Joseph replied 3 years ago.
Please remember to rate my answer positively so I get credit for my work!

If you don't rate me positively the website recoups your entire deposit and I get nothing for assisting you. Since I need the money way more than they do, please rate my answer positively!

Thanks again and best of luck!
Expert:  Joseph replied 3 years ago.
Hello,

Just checking in. Please let me know if you have any additional questions in the future by contacting me by placing "to Joseph" at the beginning of your question or requesting me directly in California Employment Law.

If you haven't already done so, please remember to rate my answer to you positively so I get credit for my work!

Thanks and best of luck!

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