My company require me to work ~97hours a week, for strait 3-4-5 weeks.

Asked 9 months ago - Las Vegas, NV

I get paid over time after 40 hours but no day off, no paid vacation, no benefits at all. Can i sue him for some money because he thinks we can take this and we are animals?
Company based in NV but i was sent out to work in CA. Hotel(shared cheapest rooms)/food($25/ea day) was paid. Horrible company, I'm tired, cant do this any more, any compensation?

Thanks for your advise

Attorney answers (2)

  1. Ronald S. Cook

    Contributor Level 14

    Answered . The employer has many requirements which are probably not being met here. For example, BREAKS are required. Attached is a link to the Department of Labor for all the details.

  2. Adam Kielich

    Contributor Level 18

    Answered . You have three sets of laws that govern your employment: federal employment law, NV state employment law and CA state employment law. Under federal employment law, and here we are primarily discussing the Fair Labor Standards Act, your employer is required to pay you minimum wage and overtime as necessary (which you state is occurring) but your employer is free to schedule you as many hours as it wants. The FLSA protects no rights to break, rest, or meal time.

    Depending upon the state where you are performing work at a particular time will govern whether CA or NV's employment laws will govern what rights you have at work. My very limited understanding of CA employment law is that it favors the employee far more than federal law and the laws of most states. While you are working in CA you are protected under its laws, which may offer a more generous overtime calculation and/or obligate your employer to provide more break time or rest periods off work than what you are receiving.

    Whether you can receive compensation for any employment law violations would depend on what violations are occurring. Wage-based claims are usually recoverable to the employee (along with attorney fees) but other violations may not. If you believe you may have claims then you need to speak to an employment lawyer where you are working.

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