FindLaw Answers LegalStreet Got Legal Questions?Talk as often as you like with a licensed attorney licensed in your state. Get Answers Now Looking for a specific legal form? We have a range of forms: Limited Liability Company , Power of Attorney , Living Wills , Incorporation , Divorce and many more . Started by luciano44 , Mar 26 2014 12:05 PM Please log in to reply 4 replies to this topic 8 posts Posted 26 March 2014 - 12:05 PM My friend works as a busboy in a restaurant. The last couple weeks, he worked for 92 hours, and he received on his paycheck 88 hours as minimum and 4 hours as overtime. He is confused about it because he's supposed to receive on his paycheck around 80 hours as minimum and 12 hours as overtime. This is in Orange County, CA.
Edited by FindLaw_Kevin, Yesterday, 09:20 AM. This post has been edited to remove personal or identifying information. - Moderator 44,136 posts Posted 26 March 2014 - 12:08 PM Interesting story, but you didn't ask a question, so it's not clear what sort of response you're seeking. When your friend asked him boss about this, what response did he receive? 58,808 posts Posted 26 March 2014 - 12:17 PM Friend is free to talk with the state labor dept. about the nonpayment of overtime, after he discusses with the boss and they don't set his confusion to rest. One presumes he has googled the topic of overtime in CA:
http://www.dir.ca.go...aq_overtime.htm I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics. If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable. Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation. 8 posts Posted 26 March 2014 - 02:22 PM Interesting story, but you didn't ask a question, so it's not clear what sort of response you're seeking. When your friend asked him boss about this, what response did he receive? My friend did'n ask his boss yet about missing 8 hours overtime because he wants to be sure if under the labor law, he had to receive on his paycheck around 12 hours overtime and not 4 hours overtime. When he worked 92 hours for couple weeks. So, under the labor law in California after working more than 40 hours each week, can be overtime? 44,136 posts Posted 26 March 2014 - 03:53 PM My friend did'n ask his boss yet about missing 8 hours overtime because he wants to be sure if under the labor law, he had to receive on his paycheck around 12 hours overtime and not 4 hours overtime.
So, instead of talking with his boss and potentially clearing up the issue, he asks you to post on a legal message board? That's backwards.
He should talk with his boss. Say, "Hey. I worked 92 two hours during the last two week pay period, so shouldn't I have had 80 'regular' hours and 12 ours of OT, instead of only 4 hours of OT?" The law is that, if a non-exempt employee works more than 8 hours in a day or more than 40 hours in a "workweek" ( http://www.dir.ca.go...ton1=W#workweek ), all hours in excess of 40 are supposed to be paid 1.5x. Keep in mind, however, that, depending on how the employer's pay periods are set up, it could be possible to work more than 40 hours within a particular week (i.e., a particular 7 day time period), but still be within the 40 hour limit for that employee's "workweek" (see the above link to the definition of "workweek"). <br>For the original version including any supplementary images or video, visit http://boards.answers.findlaw.com/index.php/topic/229911-overtime/