Legal Question in Employment Law in California

I am an classified as an exempt employee, I spend more then 75% of my day actually working in the warehouse and on a forklift, I work 18+ hours days and am expected to be in the next day for just as many hours some times, if I work 18-20 hours straight, should I get so many hours off before returning to work?


Asked on 8/17/09, 7:58 pm

4 Answers from Attorneys

JEB Pickett Wynne Law Firm

Unless you are working as an agricultural employee, you are likely entitled to overtime wages for any hours worked over 8 in a day or 40 in a week. There is generally no requirement for a minimum hours off before returning to work, but you may be entitled to at least 1 day off if you work 6 consecutive days (unless you are a agricultural worker or a few other situations.)

If you have any questions as to how the Labor Law applies to you, fee free to contact me for a free consultation. 877 352 6400

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Answered on 8/17/09, 8:07 pm
Raphael Katri Law Offices of Raphael A. Katri

Any situation where non-exempt employee is being misclassified as exempt may result in any number of California labor law issues including:

- Overtime at a rate of 1 1/2 times the employee's hourly wage for any hours worked beyond 8 in one day and/or 40 in one week;

- Overtime at a rate of 2 times the employee's hourly wage for any hours worked beyond 12 in a one day;

- Required Meal and Rest Breaks;

- Possible split-shift issues;

- Etc.

To explore your particular situation in more detail, you can contact me directly to discuss what, if any, labor code violations are happening. You would be provided a FREE Consultation and Contingency Fee may apply if we take your case.

Raphael A. Katri

LAW OFFICES OF RAPHAEL A. KATRI

http://www.SoCalLaborLawyers.com

(310) 940-2034

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Answered on 8/17/09, 8:10 pm
Terry A. Nelson Nelson & Lawless

You are likely an 'improperly classified' employee, whom I believe to be entitled to OT pay. If you are serious about getting legal help in pursuing your claim for unpaid OT, penalties and interest for the last 4 years, feel free to contact me. I'll be happy to help, and if you win, you are also entitled to attorney fees to be paid by the employer.

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Answered on 8/18/09, 2:36 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

You likely have a good case for unpaid overtime as many companies intentionally give employees manager titles without real authority to get around overtime laws. Contact me directly.

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Answered on 8/18/09, 6:07 pm


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