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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 am a commercial driver for a company. As I know the law require

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I am a commercial driver for a company. As I know the law require the driver must be 10HRS for sleep in CA. But most time I totally not enough, some times only got 6 HRS and have to work 14-15HRS next day. May I charge this and ask for compenstion?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Joseph replied 5 years ago.
Hello and welcome to JustAnswer.

Yes, you can request to be paid overtime for the hours that you work in excess of 8 during the day at time-and-a-half and you are entitled to double time for all hours worked in excess of 12 during a day.

If your employer refuses to compensate you for this time, you can file a wage claim against your employer using the froms available online here;

http://www.dir.ca.gov/dlse/howtofilewageclaim.htm
Customer: replied 5 years ago.

Thank you for your answer. I think you misunderstand what I was talking. I said I don't sleep enough 10 HRS between shifts in these 3 years. But not about the payment they give. Yes they do pay me overtime or double time.

Expert:  Joseph replied 5 years ago.
The law doesn't require that you get 10 hours of sleep, it requires that you be off for 10 hours between shifts so that you can sleep.

Unfortunately, the law cannot hold your employer responsible for you being able to sleep during the time that you have off between shifts.
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