Our workweeks are designed in such a way that it often results in 6+ consecutive workdays being split into two different workweeks. Workers are often caused to work up to 8 days consecutively without seeing overtime compensation as a result of the consecutive days being split between two different workweeks. This action naturally brings forth suspicion of an effort to, seemingly, work around overtime pay requirements.

Based on how upper management has designed the workweeks and according to the above law, the way workers are compensated seems justified. However, according to the U.S. DOL's (Department of Labor) glossary, the term "workweek" has a very specific definition which protects employees from not receiving overtime pay when earned:

"A workweek is afixedand regularly recurring period of 168 hours, or seven consecutive 24-hour periods. The workweek does not have to coincide with the calendar week, but instead it may begin on any day of the week and at any hour of the day. The workweek is the basis on which determinations of employee coverage, the application of most exemptions, and compliance with the wage payment requirements of the FLSA are made. Once the beginning time of an employee’s workweek is established, it remains fixed regardless of the hours the employee is scheduled to work. However, the beginning of the workweek may be changed if the change is intended to be permanent and is not designed to evade the overtime requirements."

With the legal understanding of the above term's definition, it is safe to say that fixing a workers workweek to evade overtime compensation is not only wrong and should not happen, but it is very illegal.

Now that there is awareness of this happening, the question becomes, "What action should be taken?". There are two choices:

1) choose to sign this petition in an effort to cease this from happening again in the future, or

2) choose not to sign, thus contributing to your own submission to unlawful acts in the workplace.

To those who fear of being fired, or "let go", you can confide in the "Enforcement" section on page 16 of the FLSA in paragraph 2, which clearly states, "It is a violation to fire or in any other manner discriminate against an employee for filing a complaint or for participating in a legal proceeding under the FLSA."

The first step is to present this signed petition to upper management in an effort make them aware that their employees are not okay with the unlawful act of evading/withholding overtime pay, and to resolve this matter without official legal action.

If resolved, then we all move forward amicably.

If not, there are official violations and wage recovery claims to be filed with the BBB (Better Business Bureau) and the state of California's labor Division, amongst others.

After all, it's only fair to be paid for ALL of the hours worked. According to law, that is.

Welcome to the uprising.