Employee Working Overtime Without Permission

State:
California
Control #:
CA-JM-0056
Format:
Word
Instant download

Description

The Production Bonus Pay Agreement for Construction Crews is a form designed to outline compensation structures for employees, specifically addressing scenarios where employees work overtime without prior permission. It delineates a payment framework including base hourly wages and performance-based production bonuses based on job completion. Key features include stipulations for both solo workers and crew members, outlining how bonuses are earned and distributed. The form specifies criteria for receiving full bonuses, including attendance requirements and penalties for unauthorized overtime worked. It consists of clear instructions regarding the payment process, as well as a weighed average method for calculating overtime pay. Legal counsel review is recommended to ensure compliance with applicable wage and hour laws. This form is especially useful for attorneys, partners, owners, associates, paralegals, and legal assistants in managing employee agreements and protecting against unauthorized overtime claims. Understanding this form empowers employers to maintain proper pay practices while outlining clear expectations for employees.
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How to fill out California Production Bonus Pay Agreement For Construction?

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FAQ

Can my boss require me to work weekends? Yes. The Employment Standards Code states that an employer must give employees days of rest but does not say which days those have to be.

Your employer can't stop you from working overtime: Employers cannot avoid paying overtime to employees who have worked overtime regardless of whether or not the overtime hours were approved. Employees who work overtime are still owed compensation even if told not to work overtime but could face disciplinary action.

Presently, no OSHA standard to regulate extended and unusual shifts in the workplace exists. A work period of eight consecutive hours over five days with at least eight hours of rest in between shifts defines a standard shift. Any shift that goes beyond this standard is considered to be extended or unusual.

So an employer cannot force anyone to work on his/her day off. An employer can certainly ask an employee to work on his/her day off. If the employee is nonexempt, employer has to pay employee overtime ing to state law. Employer would also have to pay any weekend or night differentials along with overtime.

Your handbook says, "No unauthorized overtime permitted." Your managers tell employees that they must get their job duties completed during regular work hours because there is a company-wide prohibition against working overtime. Your managers also tell employees to accurately record their hours worked.

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Employee Working Overtime Without Permission