Legal Question in Employment Law in California

Overtime

Can an employee (regular and per diem) request to have daily OT hours applied regular time for days taken off in the same week.


Asked on 5/16/08, 7:27 pm

3 Answers from Attorneys

Arkady Itkin Law Office of Arkady Itkin

Re: Overtime

No. If you are an employer, you should be careful and not to do that. Many of employee's rights cannot be waived. This means that even if you agree with your employee that you won't pay overtime and have a different arrangement, he can still come and sue you for unpaid overtime later, regardless of your arrangement, and you will almost certainly lose in that case, so avoid any alternate arrangement and make sure all the overtime is paid properly and promptly.

If you have any further questions, please feel free to contact me at [email protected]

Thank you.

Arkady

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Answered on 5/19/08, 5:41 pm
Jonas Grant Law Office of Jonas M. Grant, A.P.C.

Re: Overtime

An employee can request this, but it can't legally be done. The overtime law is not waivable.

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Answered on 5/19/08, 8:40 pm
Jonas Grant Law Office of Jonas M. Grant, A.P.C.

Re: Overtime

An employee can request this, but it can't legally be done. The overtime law is not waivable. There is an exception for an alternate workweek, arranged in advance between employer and employee, within certain limits, but this does not appear to apply to your situation.

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Answered on 5/19/08, 8:42 pm


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