In California can your employer have you work over 8hrs and not pay you overtime by clocking you in under two different pay guides. One for server one for training. We make the same hourly wage for both.
Asked on 3/24/11, 2:00 am
2 Answers from Attorneys
Michael Kirschbaum
Law Offices of Michael R. Kirschbaum
Sounds very fishy to me. If you provide a service for the same employer, more than 8 hours a day or 40 hours a week, and spend more than half your work time performing non-exempt services, overtime premiums kick in.
You should have an employment law attorney review the facts of your situation.
Answered on 3/24/11, 9:37 am
Terry A. Nelson
Nelson & Lawless
No. For hourly workers, OT is due for anything worked by a 'person' over 8 or forty. Playing games like this will cost this employer the OT due, penalties, interest, and attorney fees of the employee if they hire counsel. If serious about pursuing this, and if it is in SoCal, feel free to contact me.
Answered on 3/24/11, 10:29 am
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