Asked in Employment Law and Contracts for California

Q: If my contract is set for 10 hrs a day, and i work more then that without any paid extra hours, what should i do?

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2 Lawyer Answers
Kyle Roald Nordrehaug
Kyle Roald Nordrehaug
Answered
  • San Diego, CA
  • Licensed in California

A: The general rule in California is that non-exempt employees are entitled to overtime compensation for working more than 8 hour days and that this right to overtime cannot be contracted away because it is statutory. However, there are many exceptions to this rule. Contact my firm if you want help reviewing the contract and determining if you are entitled to overtime compensation.

Glen D. Duvel
Glen D. Duvel
Answered
  • Santa Ana, CA
  • Licensed in California

A: In California, overtime pay for non-exempt employees is all hours worked over 8 hours in one day and 40 hours in one week. An employee's right to receive pay, including minimum wage and overtime, cannot be excused by contract or other agreement. The only way an employee can not be provided overtime is if the employee is considered "exempt". There are many criteria to determine if an employee is exempt. Please feel free to contact my office at (714) 542-5100 to discuss in greater detail the distinctions between exempt and non-exempt employment status.

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