Legal Question in Employment Law in California

employer changed to alternative work week to avoid paying ot

my employer told me i was on an alternative work week to avoid paying ot on a 22 hr shift. also since she stated this she removed all the labor laws off the bulliten board.so now i am getting pay checks with 101 reg hrs all the time our pay is bi-weekly. is this legal?


Asked on 5/23/04, 12:57 am

4 Answers from Attorneys

JEB Pickett Wynne Law Firm

Re: employer changed to alternative work week to avoid paying ot

First, removing the labor board postings subjects your employer to a fine and can be reported to the DLSE. Second, the rules on alternative workweeks can be complex dependent on your occupation and whether all employees have voted on the alternative work week. Most of the time, only a 10 hour day is permitted without OT, except in certain occupations (nursing being one of them) Please provide more information concerning your occupation, employer and

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Answered on 5/25/04, 7:37 pm
Jim McCullaugh Law Offices of Jim McCullaugh

Re: employer changed to alternative work week to avoid paying ot

Your employer is required to post Federal and Labor Law requirements in a public place, including what day employees are paid. Suggest you contact the Calif. Dept. of Employment and Fair Housing.

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Answered on 5/25/04, 7:38 pm
Terry A. Nelson Nelson & Lawless

Re: employer changed to alternative work week to avoid paying ot

If you work over 40 hours per week you get OT. With 101 hours bi-weekly, something is wrong with that picture. Contact me to discuss if interested in filing and pursuing an OT claim.

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Answered on 5/25/04, 8:22 pm
Scott Linden Scott H. Linden, Esq.

Re: employer changed to alternative work week to avoid paying ot

There seems to be several problems with your employer's actions.

First is the failure to pay overtime, the next is the failure to post the Labor Codes.

Your first and primary course of action is to contact the Department of Labor. Their webite is located at http://www.dir.ca.gov/DLSE/dlse.html.

Your local office is located at

7575 Metropolitan Dr., Rm. 210

San Diego, CA 92108

(619) 220-5451

Please feel free to contact me directly if you require additional assistance at (626) 578-0708 or online at www.CorporateProtectionServices.com

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Answered on 5/26/04, 2:47 pm


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