Legal Question in Employment Law in California

Overtime/make up time

The company I work for has no sick time benefits. However, they do allow you to make up time within the same work week for any time missed. However, they only pay you straight time not overtime if you work to make up hours on a previous day. Example: I miss 4 hours of work on Monday. On Tuesday and Wednesday I work an extra 2 hours each day to make up the four hours missed. Tuesday 8 hours plus two overtime and Wednesday 8 hours plus two overtime. Legally shouldn't the two hours extra over 8 hours on Tuesday and Wednesday be paid at the overtime rate even though they were hours made up for missing on Monday?


Asked on 6/03/05, 9:07 am

1 Answer from Attorneys
Thomas Pavone Pavone & Cohen

Re: Overtime/make up time

California law allows make up work at straight time so long as it is voluntary, is within the same work week as the time off, and the employee does not work more than 11 hours (3 make up hours) in any one day.

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Answered on 6/07/05, 10:14 am


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