Legal Question in Employment Law in California

okay, so I have worked for a private contractor for a year. We are agreed on a set weekly pay. The way they do the paychecks is they pay me for 40 hours at regular pay, then give me overtime to equal the set amount.I have never clocked in or out, or been asked to keep track of my hours (I normally work 10 -12 hours a day). Upon giving my two week notice, I was not told anything about a pay change. When I received my final pay, I only received the regular hours, and they did not include the overtime...making my paycheck only half the amount. When I asked about the rest of my money, they said they were not obligated to pay me anything more than my regular hours (even though I have a weekly amount agreed upon for the past year), and that I have to prove I worked overtime to receive it. I did work overtime, but as they do not require me to clock in and out, I can not prove it. I am suppose to be paid a set weekly amount, not hourly. Can they legally cut my pay in half for my final 3 weeks because of the way they do payroll?


Asked on 11/21/13, 11:23 am

1 Answer from Attorneys

No. What they are doing is entirely illegal.

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Answered on 11/21/13, 6:07 pm


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