Legal Question in Employment Law in California
Part time employee overtime
I work for am employer who makes all new employess sign a paper regarding a 10 hour shift, meaning they can work 10 hours a day without receiving overtime pay. Most employees are part time, but everyone must sign this paper as part of the hiring paperwork process. Is this legal to have to work 10 hours in one shift and not be paid overtime for anything over 8 hours?
2 Answers from Attorneys
Re: Part time employee overtime
As far as I know...it is not legal for hourly emplyee but OK for salaried employee
Re: Part time employee overtime
An alternative workweek is legal if the employer has complied with all the rules. They are complex and require that the employer provide a written disclosure and secret ballot election for employees to accept or reject the 10 hour day. If you have doubts, the employer must also file documentation with the State to implement the alternative work week. If the documents are not properly filed, you and your co-workers may have a claim for unpaid overtime. If you wold like to pursue this further, feel free to contact me.
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