Quote Quoting megansamson
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My question involves labor and employment law for the state of: California

My fiance works for a home improvement/construction company that pays their employees by the day and offers no hourly overtime.

For example: he is paid $135 per day, whether he works from 7:00am (his starting time) to 12:00pm or 9:00pm. When he works a few hours, which is EXTREMELY rare, it's not so bad. However, more often than not he does not return to his shop until after 7:00pm, which constitutes for a 11 to 12 hour work day depending on whether or not he took a lunch. I believe the company recently started paying time and a half if you work 6 consecutive days in a row, but I am not 100% sure.

Is this legal?? Aren't there laws regarding employees working over 40 hours? Thanks in advance for any feedback.
Is he an actual employee (they withhold taxes from his pay) or is he treated as a contractor?