My employer doesn't pay overtime, should I told her its illegal and demand it?

Question

I work in a little kiosk selling perfume in CA.
When I was hired, I provided my w 4 form with SSN. 
My employer instructed me to fill out hours time sheet every 2 weeks. In the time sheet there is a column with overtime.

The first 2 weeks I didn't have any overtime hours, so the question didn't come up in the time of receiving the first paycheck.

Next 2 weeks I did have overtime (as sone days i was scheduled to work 13 hrs a day and one week i worked without days off because the other employee got sick) and I filled out everything in the columns - straight hours, overtime, signed it and gave it to her. All the hours were according to schedule, not like I stayed overtime because I wanted.

So when I saw her again. She told me "we don't work overtime, so I don't pay overtime". I was confused but didn't say anything.

Next, some customer stole couple of testers from the kiosk on the day I worked 13 hours (may be I went to grab some food or was in the restroom when that happened). 

She told me I was responsible, but this time she forgives me. I replied "I understand".

The next check was paid (no overtime), then another 2 weeks and I got another check.
What I saw in it - no overtime as usual, and she charged me 20$ for the stolen testers (happened once and a month ago). The sales were bad at that period, she was very upset with me.

I told her that was surprising she charged me for the testers when she said she wouldn't. She denied she said that. So I mentioned, that in CA state it is not legal to charge an employee for stolen product unless she can proove I stole it and if she likes she can write me up or fire me.

The next day she returned me the money for it and told me how much I insulted her for mentioning the law and it doesn't matter what legal and what's not, because we need to be there for each other.

Now I am quoting my job (a lot of reasons to do so), and I am thinking if I should request the overtime money (about 200$). 

What do you guys think?

David14 · Accepted Answer

13 hours in a day is not overtime. Only 40+ in a week is. You are not eligible, but you have lots of over entitlement.

? · Answer

California law requires overtime be paid for anything over 8 hours a day.  The 40 hours a week rule does not apply.  You can work one 12 hour day a week and it would be 8 straight and 4 OT.

Take copies of your paystubs and timecards and call the California Labor Board.  They will enforce the pay and probably add some penalty funds to it as well.

And you are right about the docking of pay.  Nothing can come out of employee's pay that the employee has not specifically - in writing - agreed to.

s and d e · Answer

Only if you worked over 40 hours a week and are an hourly employee, are you entitled to overtime. Do you gave written proof? If so, then tell her you want your pay or you will file a complaint with the labor and wages board

Casey Y · Answer

Don't waste your time with threats, contact the CA dept of labor NOW and get this ball rolling.  Both the overtime and the stolen items are issues they might be interested in.

Slickterp · Answer

Did you work over 40 hours in the week?  That is what determines OT, not over 8 in a day.

I-Like-Chicha&amp;Ceviche · Answer

Contact your State Department of Labor and make it clear you don't receive a salary and you are not the manager. The Department of Labor will get the money for you

Wayne Z · Answer

I would.

Tell her it's nothing personal, but if she doesn't pay it, you will turn her in.

She can't exactly fire you from a job that you are quitting.

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My employer doesn't pay overtime, should I told her its illegal and demand it?

7 Answers