Am I entitled to get paid overtime?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Am I entitled to get paid overtime?
I worked 40 hours/week and on call for 7 days every 3 weeks. During my on call week, I stayed longer than my normal 8 hours ( 9 hours to be exact) in the company premises because of shortage with staffing coverage. My employer said I was double dipping in the company.
Asked on December 17, 2012 under Employment Labor Law, California
Answers:
Christopher LeClerc / LeClerc & LeClerc LLP
Answered 11 years ago | Contributor
Based on the limited amount of information that you provided, it is impossible to say with any certainty. If you earn a salary, and meet certain criteria, then you do not need to be paid overtime. If you are paid by the hour, then you need to be paid for all of the time that you work, including overtime (absent a few exceptions). In terms of your "on call" time, whether you need to be compensated for that is a pretty complicated issue that favors the employer not having to compensate you. That said, no answer could be given without a lot more questions being answered. I would consult with an employment lawyer in your area to discuss. Most will meet with you or speak to you on the phone without charging you (at least for the first consultation).
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.