Am I entitled to get paid overtime?

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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 9 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).  


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