Confused in California...

sandprincess · #1 12-02-2008, 07:13 PM

What is the name of your state (only U.S. law)? California

We have been working a lot of overtime in the last couple of weeks, so my boss came around and asked each of us if she could pay us Comp time instead of overtime. We all said that was fine. I now have to replace the Transmission in my truck and asked if I could please be paid for my overtime instead of taking Comp time. I was told that the only way that I could do that was if I took the same amount of hours off unpaid the week between Christmas and New Years. Can she force me to take unpaid time off. I don't have vacation time yet? Help???

ecmst12 · #2 12-02-2008, 08:16 PM

Unless you work for the government, it is ALWAYS ILLEGAL for a company to offer "comp time" instead of paying overtime, whether the employee agrees to it or not. Report your claim to the CA DOL.

pattytx · #3 12-03-2008, 08:08 AM

And not that it applies in your particular case, but for any readers who might work for a government, comp time must be granted at the overtime rate * hours. So, if you worked 4 hours overtime for which you would have been paid time-and-a-half, you would have to get 6 hours comp time. And, since this is California, if you worked 2 hours overtime for which you would have been paid double-time, you would have to get 4 hours comp time.

sandprincess · #4 12-04-2008, 01:56 AM

That is interesting about the Comp Time but what about my boss forcing me to take unpaid time off to compensate for this? My schedule is Monday-Friday 8:30-5:00 and we only work weekends when needed so can she make me take a day off during the weekdays when I do not have vacation time to use?

Also, we get paid on the 5th and 20th and my boss will make us take certain days off so that she doesn't have to pay overtime. Can she make me take unpaid time off during just certain weeks or does it have to be in a schedule?

The 5th and 20th pay day policies are extremely confusing to me and I do not know all the rules...is there somewhere I can find this information?

ecmst12 · #5 12-04-2008, 07:50 AM

You don't have to be paid when you don't work. If your boss requires you to go home early or not come in on certain days so that you avoid going over 40 hours in a single work week (or 8 hours in a single day), that is legal. But in CA, if you work more then 8 hours in a day or 40 hours in a single week, overtime is due for those hours. He can't have you go home on OTHER days/weeks to avoid paying overtime.