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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 12916
Experience:  Significant experience in all areas of employment law.
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I work 3 hours per day, 7 days per week. split shift, 10-11am,

Customer Question

I work 3 hours per day, 7 days per week. split shift, 10-11am, 4-5pm, 10-11pm cleaning a business. I recieve $40 per day. is my employeer violating any calif work place rules?
Submitted: 4 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 4 years ago.
Hello and thank you for entrusting me to answer your question.

Are you classified as an employee or an independent contractor? Are you allowed to o home in between your single hours of work?

I very much look forward to assisting you regarding this matter.
Customer: replied 4 years ago.

this is my only job, yes i do go home inbetween hours worked

Expert:  Patrick, Esq. replied 4 years ago.

Thank you very much for your reply. Assuming that you are an employee and not an independent contractor, an individual in your circumstance would be entitled to overtime at 1.5 times your regular rate of pay for all hours worked on the 7th consecutive day of work in the workweek.

If you are making 40 dollars for every 3 hours of work, that means you would be making $13.33 per hour. 1.5 times that rate of pay would equal $20 per hour, and that is what an individual in your circumstance would be entitled to receive every time you work 7 consecutive days within a workweek, regardless of whether your total hours for the week exceed any particular threshold. Any hours worked on the seventh day in the state of California must be paid as overtime.

An individual in your circumstance can file a wage claim with the Department of Labor Standards Enforcement for back pay overtime. Your employer will be prohibited from retaliating against you as a consequence. To file a wage claim with the DLSE, visit this link:

I sincerely hope that this information helps you and I wish you the best.

If you do not have any further concerns, I would be very grateful if you would give my answer a positive rating and click submit, as this is the only way I will receive credit for assisting you. If you have any additional concerns that you would like me to address, please feel free to let me know by hitting the REPLY or CONTINUE CONVERSATION button and I will be more than happy to continue assisting you.

Finally, please bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

Thank you and very kindest regards.