Q: Am I entitled to payment for working slightly over 5-hour shifts in California?

A: You call yourself a consultant. If you are an independent contractor you are not entitled to the Labor Code requirement of a meal period. And even if you are an employee, if you are an exempt employee, you are not entitled to the one hour wage penalty for not getting a meal period before the end of your fifth hour.

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-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.

A: Assuming you are an at will hourly employee, you are entitled to payment for all time worked. If you work 3 minutes beyond five hours, you are entitled to payment for 5 hours and 3 minutes at your hourly rate.

A: In California, you're legally entitled to be paid for all time worked, including those extra minutes beyond your scheduled 5-hour shifts. California labor law is quite strict about this – employers must pay for all hours worked, including partial hours, and they cannot round down or ignore those additional minutes you're putting in after your scheduled end time.

Your situation also raises potential meal break concerns. In California, when employees work more than 5 hours, they're entitled to a 30-minute unpaid meal break. If you're regularly working just over 5 hours without receiving this break, you might also be entitled to premium pay equal to one hour at your regular rate for each workday the meal break violation occurred.

The best approach would be to document all instances where you've worked over 5 hours, noting exact clock-in and clock-out times. Then, have a conversation with your supervisor or HR department, bringing documentation of the discrepancies. You might say something like, "I've noticed I'm often working a few minutes beyond my scheduled 5-hour shifts but not being compensated for this time." If your employer doesn't resolve the issue, you could file a wage claim with the California Labor Commissioner's Office, but addressing it directly with your employer first is usually the most practical first step.