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04/19/2013 at 09:23AM PDT
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06/01/12 10:33pm PDT
Viewed by asker 06/01/12 11:39pm PDT

Employee troubles

I own a hair salon in california, I was away out of town and my girls volunteered to work a overtime without my consent. (I can only imagine how slow they were working) Now they want their overtime. They work on an hourly wage basis. They worked over eight hours on that day but not over 40 a week. 

I don't have a problem paying over time, but this one employee is always on my case, and to top it off she threatened me and said she was going to call the labor department.

What is a good way to handle employees like this so that I can protect myself and don't get burned in the long run 

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Michelle Long CPA
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Michelle Long CPA
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06/04/12 9:49am PDT

Check with the labor rules in California to determine the rules for overtime.  In general -- overtime is over 40 hours/week not 8 hours/day.  Some people work 4 days @10 hours each, etc. 

You should have any accountant or tax professional who can help guide you if you can't figure it out yourself.  You can always call the labor department yourself.  Don't let the employee intimated you.  With that attitude, is this an employee you want to keep?  How does she do with customers and other workers?

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06/04/12 9:58am PDT
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I'd like to clarify a bit more:

"In general -- overtime is over 40 worked hours/7-day work week not 8 hours/day."

In other words, confirm how your State's OT is calculated and based on the work week your firm established (7 consecutive days) as a company policy. This can be, for instance, Wed-Tue for my State.

I recommend this this be in your written employee manual. Further, it should be written "OT is subject to approval and working without prior approval is grounds for termination."

Example: Work M-Thurs 10 hours, Fri paid holiday: in this example there is no OT.

Additionally, your manual should include the OT must be approved, so who did they "volunteer" to? If this is supervisor, that person should be told how to document the request for this day.

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