Q: My boyfriend is a parttime employee, working over 40 hours, with no benefits. Is this illegal (california)

A: The law does not require that full time employees get medical benefits. There are many full time employees who are without medical benefits.

Full or part time status has nothing at all to do with the right to receive overtime premiums. If your boyfriend works more than 8 hours in a workday, or more than 40 hours in a workweek, then he should receive overtime pay.

There are options for how he can proceed to get his OT premiums. It would be a good idea 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 cost consultation in the beginning and then, if the matter has merit and value, will usually agree to 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.

A: He would be entitled to overtime pay. He should speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

A: If your boyfriend is an exempt employee, he is not eligible for overtime unless he has a contract with the employer that explicitly states that he is entitled to overtime pay. If he is a non-exempt employee, he should receive overtime compensation when he works more than 8 hours per day or 40 hours per week.

I suggest your boyfriend consults an employment law attorney who will further examine his situation and explain his options. Most employment law attorneys in California offer free-of-charge initial consultations and thereafter may take his case on a contingency basis, meaning he does not have to pay attorney’s fees unless and until there is a positive outcome for him. They may also advance either all or partial costs of litigation.

You can look either on this site in the Find a Lawyer section or go to California Employment Lawyers Association (www.cela.org), an organization whose members are committed to representing employees’ rights. Best of luck.

Sincerely,

Maya L. Serkova