I routinely work more than 40 hours a week. However, my employer is not paying me overtime as they are claiming that they hours in excess of 40 are considered
This overtime is required. Usually there will be a staff meeting on Monday, for which we are all clocked in under "training." The hours worked in excess of 40 usually happen on Friday because by then we have worked more than 40 hours.
2 answers | asked Apr 19, 2015 12:01 AM [EST] | applies to California
Answers (2)
It sounds like you might have a legitimate claim for unpaid overtime. Whether it's a good idea to bring an actual claim depends on the amount owed, the likelihood that your employer retaliate and whether it matters to you and other factors. You should discuss your legal options with an experienced employment attorney in your geographic area.
Thanks,
Arkady Itkin
San Francisco & Sacramento Employment Lawyer
posted by Arkady Itkin | Apr 19, 2015 6:46 PM [EST]
Thanks,
Arkady Itkin
San Francisco & Sacramento Employment Lawyer
posted by Arkady Itkin | Apr 19, 2015 6:46 PM [EST]
The Division of Labor Standards Enforcement (DLSE) is a sub-agency within the California Department of Industrial Relations. http://www.dir.ca.gov/dlse/. Some people refer to the DLSE as the Labor Commissioner. The DLSE enforces California's wage and hour laws, including those pertaining to overtime, rest and meal breaks, and more.
The DLSE Enforcement Manual states:
~~
45.1.4 Required “Training” Or “Staff” Meeting Attendance. DLSE has been asked on a number of occasions how the Reporting Time provisions of the Orders affect a situation where the employer requires employees to attend a short training meeting, staff meeting or similar gathering under a variety of circumstances. Most common are:
1. Required meeting is scheduled for a day when the worker is not usually scheduled to work. The employer tells all of the workers that attendance at the meeting is mandatory and a one- or two-hour shift is “scheduled” for this meeting. For those workers not “regularly scheduled” to work, the employee must be paid at least one-half of that employee’s usual or scheduled day’s work.
2. Required meeting is scheduled on the day a worker is scheduled to work, but after the worker’s scheduled shift ends.
a. If there is an unpaid hiatus between the end of the shift and the meeting, the employee must be paid, pursuant to Section 5(B) … at least two hours for reporting a second time in one day.
b. If the meeting is scheduled to immediately follow the scheduled shift, there is no requirement for the payment of reporting time no matter how long the meeting continues.
~~
In addition to the above exerpt from the Enforcemtn Manual, Callifornia law requires that employees be paid the overtime premium for all work beyond 8 hours in one day, and for all work beyond 40 hours in one week. Therefore, in the situation you describe, it appears that the Monday meeting time is regular work time and must be paid as any other work time. If the meeting plus your regular work time exceeds either 8 hours in one day or 40 hours in one week, the employer must pay you the overtime premium.
To find a plaintiffs employment attorney in California, please go to the web site of the California Employment Lawyers Association (CELA). CELA is the largest and most influential bar association in the state for attorneys who represent working people. The web site is www.cela.org. Click on "Find a CELA Member" and you can search by location and practice area. Many CELA attorneys represent clients throughout the state.
I hope there is a good resolution to this situation.
posted by Marilynn Mika Spencer | Apr 19, 2015 01:00 AM [EST]
The DLSE Enforcement Manual states:
~~
45.1.4 Required “Training” Or “Staff” Meeting Attendance. DLSE has been asked on a number of occasions how the Reporting Time provisions of the Orders affect a situation where the employer requires employees to attend a short training meeting, staff meeting or similar gathering under a variety of circumstances. Most common are:
1. Required meeting is scheduled for a day when the worker is not usually scheduled to work. The employer tells all of the workers that attendance at the meeting is mandatory and a one- or two-hour shift is “scheduled” for this meeting. For those workers not “regularly scheduled” to work, the employee must be paid at least one-half of that employee’s usual or scheduled day’s work.
2. Required meeting is scheduled on the day a worker is scheduled to work, but after the worker’s scheduled shift ends.
a. If there is an unpaid hiatus between the end of the shift and the meeting, the employee must be paid, pursuant to Section 5(B) … at least two hours for reporting a second time in one day.
b. If the meeting is scheduled to immediately follow the scheduled shift, there is no requirement for the payment of reporting time no matter how long the meeting continues.
~~
In addition to the above exerpt from the Enforcemtn Manual, Callifornia law requires that employees be paid the overtime premium for all work beyond 8 hours in one day, and for all work beyond 40 hours in one week. Therefore, in the situation you describe, it appears that the Monday meeting time is regular work time and must be paid as any other work time. If the meeting plus your regular work time exceeds either 8 hours in one day or 40 hours in one week, the employer must pay you the overtime premium.
To find a plaintiffs employment attorney in California, please go to the web site of the California Employment Lawyers Association (CELA). CELA is the largest and most influential bar association in the state for attorneys who represent working people. The web site is www.cela.org. Click on "Find a CELA Member" and you can search by location and practice area. Many CELA attorneys represent clients throughout the state.
I hope there is a good resolution to this situation.
posted by Marilynn Mika Spencer | Apr 19, 2015 01:00 AM [EST]
Answer This Question
Sign In to Answer this Question
Related Questions with Answers