Am I entilted to double time pay

I am a hourly employee, I have worked 18 days without a day off my next scheduled day off is in 11 days. I am avgeraging 10 1/2 to 13 1/2 hrs a day. Our work week is Sun thru Sat With payrol being turned in Mondays, we get paid every two weeks.

Asked on May 20, 2009 under Employment Labor Law, California

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I'm not a California attorney.  The following information comes from the California state government's website, in the section for the Department of Industrial Relations:  if you work more than 8 hours in a day, you get time-and-a-half beyond that, to 12 hours, and double time after 12 hours;  you also get time-and-a-half for the first 8 hours of the seventh consecutive day you work in a single week, and for any time past those 8 hours it's double time.  Your regular pay has to be paid on time, but the overtime can be paid one pay period later.

If your employer won't pay the overtime the law requires, you can go to the labor commissioner (the Bureau of Labor Standards Enforcement) and make a claim, and they will also take your complaint if your employer retaliates against you for doing this.  In either case, you also have the alternative of suing them with your own attorney, and if you need to find a qualified lawyer, one place to look is our website, http://attorneypages.com

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Depends.

Go to the following source:

1. This is the link to the California Dept of Industrial Relations -- essentially the Dept of Labor. This link covers overtime. http://www.dir.ca.gov/dlse/FAQ_Overtime.htm   It is quite clear what you need.


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