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LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 37833
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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Working on Camp Pendleton contract company, as an employee,

Customer Question

Working on Camp Pendleton for a contract company, as an employee, living and working in CA, do I receive overtime after 8 hours, as per CA law, or after 40 hours?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  LawTalk replied 1 year ago.
Good morning,I'm Doug, and my goal is to provide you with excellent service today. I have been a CA licensed attorney for more than 3 decades and I handle employment law issues. Regardless of where your employer may be based, if you are physically present in the state of CA and do your work there, then your employer must abide by CA wage laws. That means that if you are an hourly employee, you must be paid overtime for all hours worked in excess of 8 for any day, and additionally, you are entitled to overtime pay for all hours in excess of 40 in your employer's designated workweek. If you work more than 12 hours in a day, you must be paid double time for those hours. And finally, if you work 7 days in a workweek, your first 8 hours of that 7th day must be overtime and any additional hours after that must be paid at double time pay as well. There are exceptions, such as if your schedule if just 4 10 hour days a week, you are not entitled to overtime for those 2 hours each of the 4 days under CA law. And there are exceptions in CA for health care employees as well. Under CA law, overtime is set at 150% of (one and a half times) your regular hourly pay. You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.I wish you and yours the best in 2016,Doug
Expert:  LawTalk replied 1 year ago.
Good morning,Do you have any additional questions that you would like me to address for you?In case you would like a phone call to further discuss these issues you have raised, I will make that offer to you. You are certainly not obligated to accept a call offer, but many people do find it helpful for clarification purposes, as well as to allow them to ask additional questions.As I have provided you with the information you asked for, would you please now rate my service to you so I can be compensated for assisting you?Thanks in advance,Doug
Expert:  LawTalk replied 1 year ago.
Good afternoon, Is there anything else I can assist you with?Doug
Customer: replied 1 year ago.
What if my company is Native American owned and headquarters in Texas?
Expert:  LawTalk replied 1 year ago.
Hi, Unless you are on Tribal property in CA doing your job, then CA wage laws apply. If you are on Tribal property then federal laws apply and even then, you would be entitled to overtime pay---just not at CA rates. You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.Please remember to rate my service to you so that I can be compensated for helping you. Thank you in advance.I wish you and yours the best in 2016,Doug
Customer: replied 1 year ago.
So to be clear. Even a government contract on a military instalation, I still fall under California labor laws?
Expert:  LawTalk replied 1 year ago.
Good afternoon, Please understand that each time you add additional information, that information has the possibility of forcing a change in the answer. And unfortunately, this is what you have been doing with your "new" additional facts. If you are working under a federal contract on federal property, then CA wage laws would not apply to you. Rather federal law will apply. Under Federal Law, if you are an employee of a federal contractor, working on a federal property then Federal wage laws for federal contractors applies. You are entitled to a minimum wage in 2016 of $10.15 per hour and overtime for all hours in excess of 40. There is no federal wage law mirroring California's over 8 hours per day rule. You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.Please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.I wish you and yours the best in 2016,Doug