Are there any laws about how Overtime is worked out?


If my employer is requiring me to work on a Saturday, which is beyond my 40 hours, but is refusing to pay me overtime. Instead they want me to just help yourself to the time of another day off (like go home precipitate one day, or come in late), I am wanting to be paid the overtime. Is this legalized, I live in the State of California. I asked if my comp time would be paid out as time and a half and they said no, so if I work on Saturday 2 hours, they would owe me time and a partially, so they would owe me 3 hours...is this correct? Do you know of a website that states this because I need to show proof?
Best Answer:
Any time over 40 hours surrounded by THE SAME WEEK, is to be paid as overtime. Next week has NOTHING to do with it. Last week have NOTHING to do with it. THIS WEEK. Your employer is ILLEGALLY asking you to do this.
In California, the general overtime provisions are that a nonexempt hand 18 years of age or older, or any minor employee 16 or 17 years of age who is not required by law to attend college and is not otherwise prohibited by law from engaging in the subject work, shall not be employed more than eight hours surrounded by any workday or more than 40 hours in any workweek unless he or she receives one and one-half times his or her regular rate of pay for adjectives hours worked over eight hours in any workday and over 40 hours in the workweek. Eight hours of labor constitutes a day's work, and employment beyond eight hours in any workday or more than six days contained by any workweek is permissible provided the employee is compensated for the overtime at not less than: One and one-half times the employee's regular rate or repay for all hours worked in excess of eight hours up to and including 12 hours in any workday, and for the first eight hours worked on the seventh consecutive afternoon of work in a workweek; and Double the employee's regular rate or pay for all hours worked contained by excess of 12 hours in any workday and for all hours worked in excess of eight on the seventh consecutive hours of daylight of work in a workweek. There are, however, a number of exemptions from the overtime law. An "exemption" scheme that the overtime law does not apply to a particular classification of employees. There are also a quantity of exceptions to the general overtime law stated above. An "exception" means that overtime is salaried to a certain classification of employees on a basis that differs from that stated above. 1. Q. What is the "regular rate of compensate," and how is it determined? A. Overtime is based on the regular rate of pay, which is the compensation you normally earn for the work you accomplish. The regular rate of pay includes a number of different kinds of remuneration, such as hourly income, salary, piecework earnings, and commissions. In no case may the regular rate of reimburse be less than the applicable minimum wage. Ordinarily, the hours to be used in computing the regular rate of pay may not exceed the permissible maximum regular hours which, in most cases, is 8 hours per workday, 40 hours per workweek. This maximum may also be affected by the number of days one works in a workweek. It is impressive to determine what maximum is legal in each casing. The alternate method of scheduling and computing overtime under most Industrial Welfare Commission Wage Orders, based on an alternative workweek schedule of four 10-hour days or three 12-hour days does not affect the regular rate of salary, which in this case also would be computed on the basis of 40 hours per workweek. The agreed upon regular hours must be used if they are smaller amount than the legal maximum regular hours. For example, if you work 32 to 38 hours each week, there is an agreed workweek of 35 hours, and thirty-five hours is the numeral used to determine the regular rate of pay. However, in circumstances where the workweek is smaller amount than 40 hours, the law does not require payment of the overtime premium unless the employee works more than eight hours within a workday or more than 40 hours in a workweek. In other words, assuming you are employed under a policy that provides for a 35-hour workweek, the law does not require the employer to wage the overtime premium until after 40 hours in a workweek. If you work more than 35 but fewer than 40 hours in a workweek, you will be entitled to be salaried for the extra hours at your regular rate of pay, as overtime premium pay is only required after 40 hours contained by a workweek. The following are examples of how to calculate the regular rate of pay:
This is not legal. CA requires all hours within excess of 40 within a week, or 8 in a day, to be compensated at time and a half. There are a few exceptions, but they don't apply to most workers. If you ARE in a position where giving you time sour 'in lieu' is legal, the time off must be provided at time and a half too - so if you work 8 hours overtime on the Saturday afterwards you'd be entitled to 12 hours time off during the next work week. Note that this is only the luggage if Saturday is at the END of the work-week. If your companies week BEGINS on a Saturday, then you can be required to work Saturday instead of one weekday and you won't have more than 40 hours for the week, so no overtime will be due. Richard
Laws are different if you are paid by the hour or by pay. Hope this link to CA labor laws helps.
Your employer has to set a work week. It can be any work week, such as Monday to Sunday or Tuesday to Monday, doesn`t matter what. If you work more than 40 hours during that work week, you get overtime. The work week can change, but there have to be notice. Your employer can make you take past its sell-by date a day in your work week and have you work another light of day without getting overtime. However, he cannot make you work a day surrounded by one work week and then take off a time in the next work week to make up for it. he would still own to pay overtime because you worked more than 40 hours in a work week.
State of California states overtime is "anything over 8 hours in one day, or 40 hours within one week." If you worked 40 hours from Mon to Fri, anytime on the weekend is overtime. And that's "time and a half ". Did you sign any papers before you started to work there?
An employer who requires or permits an hand to work overtime is generally required to pay the employee premium pay packet for such overtime work. Employees covered by the Fair Labor Standards Act (FLSA) must receive overtime pay for hours worked in excess of 40 in a workweek of at lowest possible one and one-half times their regular rates of pay. For more information on California's laws on overtime, http://www.dir.ca.gov/dlse/FAQ_Overtime.htm
In the state of California, if you are a non-exempt employee, you are required to be paid one-and-one-half times your regular rate of clear for all hours worked over 40 hours in a week. You are exempt from overtime in California if any of the following apply: * You are an executive, administrative, or professional member of staff * You are an employee in the computer software field * You are an hand of the state or a political subdivision of the state * You are an outside salesperson * You are the parent, spouse, child, or legally adopted child of the employer * You are an individual participating in a national service group such as AmeriCorps * You are a driver who has your hours regulated by Title 49 of the CFR * You are a driver who has your hours regulated by Title 13 of the California Code of Regulations * You are an employee covered by a collective bargain agreement * You are an employee whose earnings are greater than 1.5 times the minimum wage AND more than 50% of your earnings come from commissions * You are a student nurse * You are a taxicab driver * You work for an airline who works over 40 and smaller amount than 60 due to a temporary condition of the employer * You are a full-time traveling carnival ride operator * You are a crew member employed on a commercial fishing boat * You are a professional thespian * You are a motion picture projectionist * You are an announcer, news editor, or chief engineer employed in a town of smaller quantity than 25,000 people * You are employed where your work is primarily intellectual, creative, or managerial * You are a sheepherder * You are an irrigator * You are a personal attendant * You are employed as a babysitter lower than the age of 18 to watch the children of your employer in the employer's home. Hope this works for you.
I believe i.e. illegal. The State of California has strict labor laws that favor the member of staff. Call the states workforce center to get better details.