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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?

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


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.

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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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