Are you being paid properly for overtime?

Do you know your rights regarding overtime? For instance, your contract probably states that you shall be paid time-and-one-half for all work performed over eight hours a day or 40-hours a week, or that you may receive compensatory time (comp time) equal to time-and-one-half.

This right is established in the California Education Code and a federal law called the Fair Labor Standards Act (FLSA). In fact, the FLSA requires employers to compensate employees for all work “suffered or permitted.” The FLSA also forbids employers from allowing employees to “volunteer” to work; employees must be paid to work!

"Suffered or permitted" refers to work assigned to you by your supervisor (permitted). It also includes work you perform before your shift, during your breaks, during your lunch periods, and work you perform at home (suffered). Work "suffered or permitted" over eight hours a day or 40 hours a week must be paid at the overtime rate. You also receive overtime pay for Saturday work even if you are not a full time employee.

If you are a part-time employee, then you must be paid for all hours worked less than overtime. That means "comp time" cannot be provided for work "suffered or permitted" under eight hours per day or 40 hours per week.

If you have any questions or concerns about any of your rights, contact your job steward, chapter officer or CSEA labor relations representative.