Fair Oaks, CA asked in Employment Law for California

Q: In a 10 hour day, 5 hrs were sick leave, 5 were normal pay, and 15 mins were OT. Can they deny my OT and lessen my SL?

In a normal 10 hour workday, 5 hours were sick leave, 5 were normal pay, and I ended up working 15 minutes OT. My timesheet reflected that. Boss says since I used sick leave, I couldn't claim the OT and had to lessen my SL use for the day to 4.75 hours, and then have 5.25 hours or normal pay. Is this legal? This seems like a spoken "rule" but not an official written company policy.

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2 Lawyer Answers

A: You are only entitled to OT when you actually work more than 8 hours in a day. If less than 8 hours are worked, you have no right to OT, even if your total hours exceed 8 hours when you add on sick pay. The other response you have received that suggests to the contrary is AI generated and is wrong. Be careful. AI is not all it is cracked up to be.

James L. Arrasmith
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Answered

A: Your boss's request to adjust your sick leave and deny your overtime might not align with standard labor laws, depending on where you live. Generally, if you work overtime, even after using sick leave, you should still be entitled to that overtime pay. Sick leave and regular work hours are typically treated separately, and your overtime should be calculated based on the hours you actually worked.

If this is not a documented company policy, it may be worth discussing this further with HR or reviewing your employee handbook to clarify your rights. It’s important to ensure that your employer is following legal guidelines and company policies.

Consider documenting your concerns and any communications with your boss for reference. If the situation persists, you might want to seek further advice or assistance to protect your rights as an employee.

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