I worked 45 hours last week, so to avoid paying me overtime my boss is asking me to work 35 hours this week. Is this legal?

Asked 6 months ago - Huntington Beach, CA

I am an non-exempt, hourly employee. My boss regularly does this so I needed to know if I have a leg to stand on if I file a complaint about this.

Attorney answers (2)

  1. Tuvia Korobkin

    Contributor Level 13


    Lawyers agree


    Answered . This is NOT a legal practice. If you work more than 40 hours in a workweek and/or more than 8 hours in a workday, you must be paid overtime for those hours. Your employer may not carry over hours from one week to another week to avoid paying overtime.

  2. Daniel Michael Holzman


    Contributor Level 15


    Lawyers agree

    Answered . This is not legal. You get overtime for any hours worked over 8 hours in a day or 40 hours in a week. It's not an average of the two weeks.

    Best of luck.

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