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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4868
Experience:  Extensive experience representing employees and management
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I work in California and am employed full time at 37.5 hours

Customer Question

I work in California and am employed full time at 37.5 hours a week. I was recently told by a friend that in ca if you work more than 8 hours a day you are entitled to overtime after an 8hr shift. I read the California industrial relations page but it wasnt exactly clear if this applies to employees who work less than 40 hours. My question is in CA am I entitled to overtime after 8hrs shift?
Submitted: 9 months ago.
Category: California Employment Law
Expert:  Joseph replied 9 months ago.
Hello,

I'm sorry to hear about your situation and hope I can help.

My name is XXXXXX, X am a licensed attorney, and my goal is to provide you with excellent service today.

Yes, in California you are entitled to receive overtime pay for all hours worked in excess of 8 in a day OR 40 in a week. If your employer has not been compensating you for overtime for hours in excess of 8 in a week, you can and should file a wage claim for the amount in unpaid overtime as well as penalties and fees.

You can file a wage claim using the information available online here:


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


I hope the above information is helpful.

Please let me know if you have any clarifying or follow up questions as I want to ensure that you are completely satisfied with my service. Please contact me first if you are contemplating leaving me a negative rating, as I’ll be happy to continue to address your concerns until you are completely satisfied with my service.

If not, please remember to rate my answer positively so I get credit for my work. Please also rate me highly (9-10) when you receive your customer satisfaction survey as well.

Thanks and best of luck!

-Joseph
Customer: replied 9 months ago.

Is there a labor code statue you can cite or a ca case? My boss (holds a jd but no bar #) is saying he's exempt from paying overtime because there is an exemption allowed for employers who employ people less than 40 hrs. and that the 8hr shift rule only applies to people work a 40 hrs a week And since I work 37.5 he is exempt.

Expert:  Joseph replied 9 months ago.
He is either ignorant of the law or outright lying to you. 'Exempt' employees who are salaried are not entitled to overtime, but there is no such thing as being exempt from overtime since you work fewer than 40 hours in a week.

Overtime provisions apply to both hours worked in excess of 8 in a day AND 40 in week.

Here is the code section:


510. (a) Eight hours of labor constitutes a day's work. Any work in
excess of eight hours in one workday and any work in excess of 40
hours in any one workweek and the first eight hours worked on the
seventh day of work in any one workweek shall be compensated at the
rate of no less than one and one-half times the regular rate of pay
for an employee. Any work in excess of 12 hours in one day shall be
compensated at the rate of no less than twice the regular rate of pay
for an employee. In addition, any work in excess of eight hours on
any seventh day of a workweek shall be compensated at the rate of no
less than twice the regular rate of pay of an employee. Nothing in
this section requires an employer to combine more than one rate of
overtime compensation in order to calculate the amount to be paid to
an employee for any hour of overtime work. The requirements of this
section do not apply to the payment of overtime compensation to an
employee working pursuant to any of the following:
(1) An alternative workweek schedule adopted pursuant to Section
511.
(2) An alternative workweek schedule adopted pursuant to a
collective bargaining agreement pursuant to Section 514.
(3) An alternative workweek schedule to which this chapter is
inapplicable pursuant to Section 554.
(b) Time spent commuting to and from the first place at which an
employee's presence is required by the employer shall not be
considered to be a part of a day's work, when the employee commutes
in a vehicle that is owned, leased, or subsidized by the employer and
is used for the purpose of ridesharing, as defined in Section 522 of
the Vehicle Code.
(c) This section does not affect, change, or limit an employer's
liability under the workers' compensation law.
Expert:  Joseph replied 9 months ago.
Hello Helena,

Just wanted to check in to see if you had any follow up or clarifying questions regarding the above information.

If not, please remember to rate my answer positively so I get credit for my work!

Thanks and best of luck!

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