Legal Question in Employment Law in California

Re: Overtime pay

Probably not. You are entitled to OT for over 8 hours in a shift or 40 per week. File a Labor Commissioner claim for unpaid time, interest and penalties. If others in your store or region are under paid the same way, join together and hire an attorney for a civil suit similar to a 'class action'. Contact me if you want legal help with the hearings and trial in these matters. I've been doing these for over 30 years.

Re: Overtime pay

How long have you not been paid for overtime? You should make a Labor Commissioner complaint, or, if damages are high go to civil court. Contact me directly.

Re: Overtime pay

A close reading of the labor code seems to indicate that the employer's practice is legal. Every employer is required to have a clearly defined work day and work week. If the work day begins at 12 midnight, hours worked before midnight are in one day and after midnight they are in a different work day. However, if you work several hours in the new day and then return to work (on the same day)those hours would be added to the second day and would result in overtime. Thus the hours worked after midnight would be added to the 10:30-12 midnight hours worked on the same day and would be overtime if the total exceeds 8 hours. You should confirm the specific work day and work week to determine whether you have been paid properly.