I was employed 5 days on and 6 days on. I worked for a car dealership as a auto technician. All other dealerships paid me overtime on the 6th day. This dealership says that they don't have to pay overtime because their employee manual says their workweek starts from Saturday at 12:01 a.m. and goes until midnight the following Saturday. During the five day week, I have Friday, Saturday, Sunday off. During the six day week, I just have Sunday off. I don't belong to a collective bargaining unit and no one in the dealership works five days a week but me. The dealership's attorney is saying they can pay me this way as long as they schedule me consistently. I don't see anything in the labor code that allows this. Can you tell me what code allows it?
What sections of code do I need to site to defend myself to the judge?
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Hello again, Craig.Unfortunately, the employer can do this typically as they have the right under CA law to set the time and day of the week on which the work week begins and ends, so if an employee works Monday through Friday and only works 40 hours that week, then works on Saturday and that is the beginning of a new work week pursuant to the employer's policies, then no overtime would be required under those circumstances (assuming the employee did not work more than 8 hours in any day of that week).However, if the employee works on Saturday and then works Monday through Friday the following week, that is 6 days and any hours over 40 per week must be paid at time and 1/2. In addition, unlike most states, CA laws typically requires that employers pay overtime for hours in excess of 8 hours per day.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.Here is a link to the code for your review:http://www.leginfo.ca.gov/cgi-bin/displaycode?section=lab&group=00001-01000&file=500-558
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