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GregoryGG
05-29-2006, 10:03 PM
This week I am scheduled to work about 60 hours and 7 consecutive days. Last week I worked 6 consecutive days, monday through saturday. By the time I will be working my 7th consecutive day, I will already have worked 51 hours. Is my understanding of California Labor Law correct in that on my 7th consecutive day, I will be getting paid time and a half for the first 8 hours and double time for the extra hour, so in essence the only effect of the 7th consecutive day will be for that last hour? Thanks in advance for the help.

Pattymd
05-29-2006, 11:57 PM
No, it's not 7 days in a row, it's the seventh straight work day in a workweek. What day does the employer define as the beginning of the workweek? Not your schedule, but the workweek as defined by the employer?

GregoryGG
05-30-2006, 10:34 AM
I am actually working 13 days in a row. The workweek is Sunday through Saturday. Last week I worked 6 days consecutively. This week I am working 7 days. By the time I hit my 7th day in this workweek, I will have already worked 51 hours. Thus by my understanding of California law, since I am already over 40 hours in the week, I will get paid time and a half for the hours I work on Saturday, but when incorporating the 7th consecutive day law, any time over 8 hours will have to be paid as double overtime. Is my understanding correct?

Pattymd
05-30-2006, 10:47 AM
Yes, that is correct. And once the hours are paid because of the 7th day rules (or because of the daily overtime rule), thee are eliminated from the calculation for purposes of determining overtime due because the employee worked over 40 hours in the workweek. In other words, overtime need only be paid once on the same hour of work.

Hope this helps.

Nichol Everett
07-01-2006, 01:08 PM
Does it matter what pay period you are in? For example, I am working 15 consecutive days in two different pay periods. Does it start over for the next pay period?

Pattymd
07-02-2006, 06:43 AM
It's irrelevant. Overtime in California is based on the workDAY, and workWEEK, not by pay period. If you are paid weekly, the employer will normally coincide the workweek with the pay period. If you are paid biweekly, the pay period will normally contain two full workweeks. It's an administrative nightmare to do otherwise. If you are paid semi-monthly, it becomes much more confusing, but the employer-defined workweek is still the basis of measurement.

DAW
07-03-2006, 07:48 AM
The following is a link to the CA overtime rules.

http://www.dir.ca.gov/dlse/FAQ_Overtime.htm

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