Well a while back, I was scheduled one day to work from something like 12AM-4AM (doing inv.), and then I worked the next morning like at 10 am or something. I had heard that you had to have 8 hrs between shifts, or you get overtime for everything afterwards. I got my check, no overtime. I questioned it, the boss and the District Leader or resource manager or whoever he talked to both said the law had changed. I tried to find stuff online, but it’s tough when you have limited knowledge of legal stuff anyway.
Well I gave up and some time passed, until yesterday when talking to my Assistant Manager and another emplyee and the issue came up. Well I said something to the effect that it was good that the other emp didnt have to do inv and then open, and they both said that was illegal cause of the 8 hr issue. So I’m wondering… anyone know the law in CA for this? If this is illegal, anyone think I have a case against the store? I wanna bring this motha down. I really hate it there, and this would be perfect.
The only problem is, once I couldn’t find info about the issue and both my Manager and resource manager said it was changed, I signed the lil paper we sign and cashed my check so I think it voids the issue. But I think if I took it to court, seeing that they told me otherwise and I have no way of knowing, and am young, maybe I would have something? I really didn’t wanna sign but didn’t have forever to debate the issue when the check was money waiting for me and I had no one to tell me officially besides my manager.
Anyone?
How much are we talking about here? How much money would you get extra if you got your time and a half?
I do not know the california law, but I do know in massachusetts if you work a shift and return to work during that same shift with less then 8 hours between them it is considered the same shift.
I would not get paid overtime unless that put me over a 40 hour during that work week.
If it is a job that is Union, you go to work and you have put in 8 hours that day anything else is overtime if you return to work within an eight hour period you are still working for overtime, it is the same shift that you were already working and would continue being paid time and a half; if you go over ten hours and return to work under an eight hour break you will recieve double time…My uncle, grandfather, cousins are union piledriver and they will go spans during big jobs that they work from 4:30 in the morning till 12:30 regular time, take a lunch break work untill 10:30 at night come home and be back at work by 5:00a.m. and that whole next day is double time…
so you’re talking about taking them to court for like 50-100 bucks?..
I’d say also add in pain and suffering, emotional distress, plus court costs, plus lost wages hehe.
haha yeah, what yeldarb said. I think it’s mostly frustrating that I was possibly lied to cause they didn’t want to admit they had made a mistake with my wages. And I guess it wouldn’t be that much money. It still pisses me off though, I don’t make that much and every thing helps.
It’s not Union btw. Maybe it doesn’t matter I guess. I’m just sorta upset by it, it seems very dishonest.
The way I have always understood is that you must exceed 40 hours in one work week in order to receive overtime. I know many people that work three 12 hour shifts in one work week - no overtime.
TD
As far as I know its anything over 40 hours in one week. Over 8 hours in one day or working a closing shift right into an opening shift does not warrent overtime. Thats just bad scheduling on managements part.
google: california “labor law” overtime
well even if he got cheated a couple bucks in that paycheck he could at least alert his managers to this so that he will be paid the correct amount next time.
yahy, i really wouldnt care if I jsut got the money, but I was rather angry at my boss this week for not promoting me, I deserve it. I am calmer now, and I decided I don’t care enough. The store’s day will come.