• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

overtime pay for bursty work schedule?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

nimiak

Junior Member
What is the name of your state?What is the name of your state? CA

A former waitress at our restaurant is claiming overtime (1.5 pay) for hours worked over 8 hours in a single day. Our waitress schedules tend to be very bursty and filling in/exchanging shifts for each other is common practice. However, it is very rare any waitress will work hours totaling more than 40 hours/week. Quite the opposite, the hours per week tend to average around 30hrs/week. Does the law require us to still pay her overtime (1.5 pay) for those days totalling more than 8 hours?

Thanks in advance.
 


Beth3

Senior Member
bursty? :D

mabarker is correct. CA regulations require that time and a-half be paid on all hours worked in excess of 8 hours/day. I'm not terribly familiar with CA employment statutes but they have some other unique requirements as well. I suggest you familiarize yourself with the CA's wage and hour statutes, otherwise someone's going to make a complaint and you're going to have the DOL come a' knockin'. That won't be fun.

This is CA's DOL website: http://www.dir.ca.gov/ I suggest you take a read through the wage and hour section.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top