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Regarding over time for friend

Carson, CA |

my friend works in gas station..he work 12 hours a day but only 3 days a week.. there is no any agreement or such that he would not be paid overtime for 4 hour extra he work everyday.... he is paid only 20 hours per week on cheque and rest they pay him under the table..no overtime nothing and on those 12 hours per day he doesnot get any break or such.. just 15 min of lunch break thats it.... can he file for overtime..will he get overtime for every 4 hours he worked per day ? can he say employer just paid him in cheque.. or does he need to inform about money he is paid in cash too?

Attorney Answers 3

Posted

This question should be answered by a labor lawyer. The issue is related to employment and not workers compensation. However, I would be careful about the cash payments. If your friend doesn't report it, the employer may and of course the under the table wages will be difficult to prove and to prove he worked those hours.

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Posted

He needs to consider consulting an employment lawyer for a consultation.

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Posted

This is the problem when an employee agrees to work for an employer who shows a willingness to engage in unlawful conduct from the outset. When an employer offers to work someone under the table, they are already showing their intention and willingness to violate the Labor Code. It should come as no surprise then they continue to do so in other areas of the business.

That said, your friend has a claim for overtime and penalties as long as he can prove he worked the time stated. He should find an employment law attorney to assist with that process. There are a couple of ways to do it, and which to chose will depend on several factors. At least a consult with an employment law attorney would be very prudent.

Good luck to your friend, and to you.

This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.

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