Q: If I work 13 hours in a day but under 40 in a week should I be paid OT for the extra 5 hours that day?
full time employee, construction worker. (electrician) small company. 2 employees
A:
If you work for a private employer in California you are entitled to overtime for all hours worked in excess of 8 hours in a workday or 40 hours in a workweek. You are also entitled to double time overtime for all hours worked more than 12 hours in the same workday. So, if you worked 13 hours in the same workday, you would be entitled to 8 hours at regular time, 4 hours at time and a half overtime, and 1 hours of double time overtime.
If you are not being paid properly, it would be wise for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.
Most employment attorneys who practice this area of law offer a free or low-charge consultation and then if the matter has merit and sufficient value, they work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.
Good luck to you.
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