labor law ??s

[KWeezyXB12]

Im resorting to teh barfs for labor questions in regards to hours worked. i couldve sworn federal regs state that after 8 hours its 1 1/2 up to 12 then double time after 12? having a hard time sifting the interwebs just wondering if anyone knows? thanks :thumbup

 

[madsen203]

Im resorting to teh barfs for labor questions in regards to hours worked. i couldve sworn federal regs state that after 8 hours its 1 1/2 up to 12 then double time after 12? having a hard time sifting the interwebs just wondering if anyone knows? thanks :thumbup

Depends on your employer. Some employers are based on 40 hour weeks...so they can have you work 40 hour straight and then send you home and you see no overtime.

If you're salary, you get nothing.

 

[Brokenlink]

Are you hourly or exempt?

 

[KWeezyXB12]

im hourly and work an excessive amount of overtime based on a 40 hour week

 

[Tumbleweed]

The FLSA doesn’t dictate double time—that’s state labor law....prolly why you’re not finding anything :thumbup

 

[KWeezyXB12]

The FLSA doesn’t dictate double time—that’s state labor law....prolly why you’re not finding anything :thumbup

so state is after 12?

 

[MikeGyver]

DOL regarding overtime: https://www.dol.gov/whd/overtime_pay.htm

 

[ejv]

What you describe is more like CA state labor law. Federal law is over 40 hours in a work week unless you are exempt. There seem to be a lot of caveats to these laws so probably best to relay your full situation to a qualified attorney or similar.

 

[Brokenlink]

What you describe is more like CA state labor law. Federal law is over 40 hours in a work week unless you are exempt. There seem to be a lot of caveats to these laws so probably best to relay your full situation to a qualified attorney or similar.

You mean like BARF?

 

[ejv]

It could be.

 

[GAJ]

Im resorting to teh barfs for labor questions in regards to hours worked. i couldve sworn federal regs state that after 8 hours its 1 1/2 up to 12 then double time after 12? having a hard time sifting the interwebs just wondering if anyone knows? thanks :thumbup

Under California law, nonexempt employees must be paid daily overtime as follows:

One and one-half times the employee's regular rate of pay for all hours worked in excess of 8 hours, up to and including 12 hours in any workday, and for the first 8 hours worked on the seventh consecutive day of work in a workweek.

Double the employee's regular rate of pay for all hours worked in excess of 12 hours in any workday and for all hours worked in excess of 8 on the seventh consecutive day of work in a workweek.

https://www.shrm.org/resourcesandto...culatedailyandweeklyovertimeincalifornia.aspx

 

[KWeezyXB12]

You mean like BARF?

duh its confusing and i get the blank stares and no one knows and theres some good knowledge on here

"Double the employee's regular rate of pay for all hours worked in excess of 12 hours in any workday and for all hours worked in excess of eight on the seventh consecutive day of work in a workweek."

https://www.dir.ca.gov/dlse/FAQ_Overtime.htm

:dunno was just wondering if people have personal experiences with this or what the deal is

 

[Cyclesuzy]

Kyle - contact the State Labor Commissioner's office https://www.dir.ca.gov/dlse/

Here's some FAQs about overtime. https://www.dir.ca.gov/dlse/FAQ_Overtime.htm

G/L

 

[Cyclesuzy]

duh its confusing and i get the blank stares and no one knows and theres some good knowledge on here

"Double the employee's regular rate of pay for all hours worked in excess of 12 hours in any workday and for all hours worked in excess of eight on the seventh consecutive day of work in a workweek."

https://www.dir.ca.gov/dlse/FAQ_Overtime.htm

:dunno was just wondering if people have personal experiences with this or what the deal is

Personal experience only from the defense side but what my experience is, if you've not been paid properly, you can file a complaint and they'll mostly handle it from there.

 

[KWeezyXB12]

I ask because i read the california law and my company states in our contract if an employee is going to go over 12 working hours they must contact a supervisor first. i feel like this is because they are aware of the 12 hour double time law. the problem is no one has ever seen double time after 12 on their pay checks

 

[KWeezyXB12]

"Double the employee's regular rate of pay for all hours worked in excess of 12 hours in any workday and for all hours worked in excess of eight on the seventh consecutive day of work in a workweek."

that part throws me off

 

[byke]

It's a union, just don't work more than 12. Wherever you are, whatever is in your hands, whatever vehicle you may be in...just drop it, or throw it in park, and walk out the door, or call uber, or whatever. That's how you do it.

 

[Cyclesuzy]

that part throws me off

You need to know when your company's work week starts and ends. Sunday through Saturday, Monday through Sunday, etc. If you work a Sunday through Saturday work week and worked every day from a Sunday through that same Friday, and then again on the following Saturday (7 consecutive days), and you work over 8 hours that particular Saturday, any work done in excess of those 8 hours, no matter how many hours worked the preceding days, should be paid at the double time rate.

IMO, it's unethical to work someone that much time in a stretch without a day off. I believe work gets shoddy after a certain point. I could be wrong, but I think the government wants to prohibit employers from working people to death. They can, they just have to pay you very well to do so.

 

[Schnellbandit]

I ask because i read the california law and my company states in our contract if an employee is going to go over 12 working hours they must contact a supervisor first. i feel like this is because they are aware of the 12 hour double time law. the problem is no one has ever seen double time after 12 on their pay checks

True with the exception that if you work in the excess without supervisory approval the employer is still requited to pay you. When that happens though, expect some admin action because you knowlingly violated the contract and could be subjected to punishment.

If you are knowingly violating your work contract you can win the battle and still lose the war to a degree you wished you just tried to clear it up quietly as opposed to reaping ill gotten rewards.

This has happened with some state agencies and the complaintants saw but could never prove they were passed over for promotions, special assignments and the unions were no help because it was a contract violation on the part of their membership as equal as the employer.

I am not implying you are violating the contract but beware that if you do and then want to be comoensated for it, there are some tangible consequences an employer can bring against you even though they have to pay up. That would not be considered retailiation, it would be telling on yourself.

 

[afm199]

Im resorting to teh barfs for labor questions in regards to hours worked. i couldve sworn federal regs state that after 8 hours its 1 1/2 up to 12 then double time after 12? having a hard time sifting the interwebs just wondering if anyone knows? thanks :thumbup

That's the minimum standard, and it's pretty much correct. There are exceptions, but not many. Don't go to the Federal regs, use the state, they are stricter. I believe there's some exclusion for some mutual flextime ( 10 hours 4 days) but I'm not current.