9/80 schedule with no overtime pay

Business 3 views 3 answers
I have worked the 9/80 schedule for over 2yrs now. I work 44hrs one week and 36 the next week. i never got paid overtime for the 4hrs I worked overtime during the one week. Is that legal or should I call an attorney for this?

Attorney Answers

3
Steven Sweat ·
Absolutely illegal! You are entitled to overtime pay if you are an hourly non-exempt employee and work more than 40 hours in a week or more than 8 hours in a day. Our office handles these types of claims and would be glad to provide a free consultation to further analyze the case.
0 upvotes
Jonathan Delshad ·
I must respectfully disagree with the colleague above. the Alternative Workweek Laws will allow your employer to provide this type of arrangement so long as you're not working more than 10 hours a day. The employer would have to set up this arrangement according to law to be legal, but if they did, you don't get overtime. See below: "No employer shall be deemed to have violated the daily overtime provisions by instituting, pursuant to the election procedures set forth in this wage order, a regularly scheduled alternative workweek schedule of not more than ten (10) hours per day within a 40 hour workweek without the payment of an overtime rate of compensation. All work performed in any workday beyond the schedule established by the agreement up to 12 hours a day or beyond 40 hours per week shall be paid at one and one-half (1½) times the employee's regular rate of pay. All work performed in excess of 12 hours per day and any work in excess of eight (8) hours on those days worked beyond the regularly scheduled number of workdays established by the alternative workweek agreement shall be paid at double the employee's regular rate of pay. Any alternative workweek agreement adopted pursuant to this section shall provide for not less than four (4) hours of work in any shift. Nothing in this section shall prohibit an employer, at the request of the employee, to substitute one (1) day of work for another day of the same length in the shift provided by the alternative workweek agreement on an occasional basis to meet the personal needs of the employee without the payment of overtime. No hours paid at either one and one-half (1½) or double the regular rate of pay shall be included in determining when 40 hours have been worked for the purpose of computing overtime compensation.
0 upvotes
Juan Manuel ArmentaWorkers' Compensation LawyerRancho Mirage, CA ·
Assuming you are not exempt, unless you industry qualifies for an alternative workweek schedule and you have consented in writing to that alternate schedule, anything over 8hrs/day is overtime. You can file a claim with the Labor Commissioner or hire a lawyer and file suit. Either way, ti would be best if you first go about collecting all evidence you can showing your work hours so that you can prove your overtime hours. Good luck.
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