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working 12 days straight! no comp days, no overtime California

On Lawyer & Legal » Employment & Labor Law

3,088 words with 11 Comments; publish: Sun, 10 Aug 2008 13:21:00 GMT; (80046.88, « »)

My employer owns her business and during certain times (maybe once every 2 months), myself and two other employees are required to work 12 days straight. We work from Monday, through the weekend, into the following Friday.

The issue is not working 12 days straight. The issue is that we DO NOT receive any comp days or overtime for working these days. We work well over 40 hours each week (at least 9 hours a day) for seven days and do not get anything for compensation.

We all get paid salary, as well as commission based on how much we make in sales.

Is this legal?

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  • 11 Comments
    • Inside sales
      #1; Sun, 10 Aug 2008 14:27:00 GMT
    • Now federal law DOES provide an exception for retail establishments from having to pay overtime IF commissions in a representative period (say, a month) are at least half of the total pay. However, I thought I heard that California does not provide for this exception.

      The following is from the CA-DLSE manual. The reference to 29 USC 207(i) is the federal rule for Retail and Service Establishment. I would read the entire 50.6 section of the manual, but I would characterize the CA rules on Retail and Service Establishment as generally similar to the federal rules.

      50.6.2 Use Of Federal Definitions. To the extent not inconsistent with Californias overtime laws and policies, California in applying the provisions of Subsection 3(D) of Order 4- 2001 and 7-2001, has adhered to the federal governments interpretation of the provisions of 29 U.S.C. 207(i)

      #2; Sun, 10 Aug 2008 17:31:00 GMT
    • Someone once said that if you had a 1,000 chimps banging away randomly on typewriters for 1,000 years you would (among other things) end up with the complete works of Shakespere. Perhaps. I would argue that this method might however explain the Tax Code.

      That one is David Ives. It is one of the vignettes from his work, "All In The Timing".

      #3; Mon, 11 Aug 2008 10:36:00 GMT
    • Same circus, different clowns.

      Is that copyrighted? If not, may I borrow it some time? :D

      #4; Mon, 11 Aug 2008 04:43:00 GMT
    • That phrase is certainly not original with me. Do an internet search, because someone else started it.
      #5; Mon, 11 Aug 2008 07:24:00 GMT
    • That phrase is certainly not original with me. Do an internet search, because someone else started it.

      It still got me to laugh.

      #6; Mon, 11 Aug 2008 09:17:00 GMT
    • Same circus, different clowns.
      #7; Sun, 10 Aug 2008 20:07:00 GMT
    • Inside sales or outside sales?
      #8; Sun, 10 Aug 2008 14:11:00 GMT
    • Someone once said that if you had a 1,000 chimps banging away randomly on typewriters for 1,000 years you would (among other things) end up with the complete works of Shakespere. Perhaps. I would argue that this method might however explain the Tax Code.
      #9; Mon, 11 Aug 2008 09:21:00 GMT
    • Kinda like reading the Internal Revenue Code, isn't it? :p
      #10; Sun, 10 Aug 2008 17:53:00 GMT
    • The fact that you are "salaried" does not relieve the employer of having to pay overtime. "Comp time" is not permitted in lieu of required overtime pay for private employers.

      Now federal law DOES provide an exception for retail establishments from having to pay overtime IF commissions in a representative period (say, a month) are at least half of the total pay. However, I thought I heard that California does not provide for this exception.

      DAW is the CA expert; he'll know. Hang on.

      #11; Sun, 10 Aug 2008 14:53:00 GMT