For office administrator (customer service and sales) employees and warehouse employees, If they work 5 days a week in which 3 days are spent working 9 hours a day and 2 days are spent working 5 hours per day, whereas the total hours per week are 37 hours. Are these employees entitled to overtime pay of 1 hour for those three days in which they are exceeding 8 work hours?
3 Answers from Attorneys
Generally, yes, they would be entitled to overtime (time-and-a-half) compensation for the ninth hour of work.
California wage and hour law is very complex, and you should consult with an experienced California employment lawyer regarding your specific situation.
CA law is: Any nonexempt employee who works over 8 hours in a day OR over 40 in a workweek, must be paid overtime. The warehouse employees - if their duties are lifting, etc., they are nonexempt. As for the "office administrator" if that person spends 50% or more of his/her time performing actual managerial duties, that person may be exempt. Exempt or nonexempt generally depends on the person's duties and the amount of time they spend on those duties and the amount of independent judgment and decisionmaking.
Hourly paid employees on five day shift would generally be entitled to OT for all hours over 8 per day or over 40 per week. You can file a claim with the Labor Commissioner's office and get a confirming opinion from them. Then, if serious about hiring counsel to help pursue your claim[s], feel free to contact me.
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