Alcala

Employer Western Ag Enterprises appeals from a judgment granting employee Jose Francisco Alcala an award of overtime wages, plus costs.

Until November 1983, Alcala was employed as a milker at a dairy ranch owned by Western Ag in Del Norte County. In December 1983, Alcala filed a complaint for overtime with the state Labor Commissioner. After a hearing, the labor commissioner issued its decision awarding Alcala $8,394.65 in overtime pay for the period January 1982-November 1983. Each side appealed, and a trial de novo was held in superior court on July 19, 1984. Alcala was again awarded $8,394.65, plus costs. A timely notice of appeal was filed.

At issue is whether Western Ag complied with the overtime requirements of wage order 14-80. (Cal. Admin. Code, tit. 8, § 11140, subd. 3(A).) The trial court held that it did not, finding that Alcala had worked 1,163.5 overtime hours for which no compensation was paid. The trial court’s award was proper. We affirm the judgment.

I. Facts

During the time period at issue (Jan. 1982-Nov. 1983), Alcala was employed as a milker by Western Ag pursuant to an oral agreement and was paid $1,350 per month. Because the length of work shifts…