I'm currently a non-exempt IT employee that self-reports via a time sheet. I have been employed for just over 6 months and have repeatedly asked my coworkers and supervisors about the proper way to report my overtime. None have been very confident in their response. Can someone here shed some light on the situation for me?

Is the 40 hour talking about the 40th hour or the difference between what you've worked and 40 hours.
If my 41st hour of work falls on my 4th workday. Is every hour after that time and a half?
Example:
Monday - 12 hours
Tuesday - 12 Hours
Wednesday -12 hours
Thursday - 8 Hours
Friday - 8 hours

Is 4 hours of my Thursday and all 8 hours of my Friday supposed to be paid at time and a half or do I only get OT on Monday, Tuesday and Wednesday?


I thank you in advance for your opinions.

Certain employees in the computer software field are exempt from overtime premium pay. You can read more about the rules regarding the exemption here http://www.dir.ca.gov/dlse/Glossary.asp?Button1=E#employee%20in%20the%20compu ter%20software%20field

Assuming you are entitled to overtime premium pay, California law generally mandates overtime after 8 hours in a day or 40 hours in a week. Accordingly, based on the daily work hours you posted above, you should have been compensated 40 hours @ straight-time pay (8 hours a day, Mon - Friday) and at time-and-a-half for 12 hours (4 Hrs OT on Monday, Tuesday, & Wednesday).

So the "or" doesn't mean if you work over 8 or over 40, it means the employer can chose to follow one, not necessarily both?

Sort of. It is more accurate to say that the same hour worked is only classified once, in the manner most favorable to the employee. If during the workweek you work four 12 hour days, there would be 8 hours 150% OT under the federal rule, but 16 hours 150% OT under the CA rules. The employee would be paid 16 hours 150% OT, plus 32 hours regular pay. The employee does not get both calcuations (16+8 OT), just the most favorable method.

I have worked with IT before to teach our time accounting system to calculate overtime. Basically it is like dealing cards. One looks at the CA-200% OT rules first, then the CA-150% OT rules next, then finally the federal 150% rule last. Once a hour has been classified, it is not looked at again. Going back to the orginal example, once 16 hours have been classifed as 150% OT under the CA "past 8 hours worked in day" rule, there is only 32 remaining hours left, which do not go over the federal rule.

There are two things to be considered when calculating OT in California, daily OT and Weekly OT. In the scenerio you gave the following is where the OT falls.

Monday = 4 hours OT
Tuesday = 4 hours OT
Wednesday = 4 hours OT
Thursday = 0 hours OT
Friday = 0 hour OT

If in this employee worked say 3 hours on Saturday then all those hours would also be OT.

Daily OT is paid for all hours over 8 in a single day
Weekly OT is paid for all hours in excess of 40 regular hours in a week. Hours already paid at the OT rate are not included in the calculation when figuring weekly OT.

Yep, Christa just reiterated what DAW said.

A larger question, is are you entitled to overtime pay pursuant to California labor code 515.5. You can view the code and the other requirments at www.paymeovertime.com under occupations. You may wish to have your overtime computed including interest and penalties. It could be significant.

I'm currently a non-exempt IT employee that self-reports via a time sheet. I have been employed for just over 6 months and have repeatedly asked my coworkers and supervisors about the proper way to report my overtime. None have been very confident in their response. Can someone here shed some light on the situation for me?

Is the 40 hour talking about the 40th hour or the difference between what you've worked and 40 hours.
If my 41st hour of work falls on my 4th workday. Is every hour after that time and a half?
Example:
Monday - 12 hours
Tuesday - 12 Hours
Wednesday -12 hours
Thursday - 8 Hours
Friday - 8 hours

Is 4 hours of my Thursday and all 8 hours of my Friday supposed to be paid at time and a half or do I only get OT on Monday, Tuesday and Wednesday?


I thank you in advance for your opinions.

Welcome, Overtime Attorney 2007! We can always use another poster who is knowlegeable about California laws.

One thing I will ask of you is that you check the dates of the threads. This one is from back in March. Generally I ask that if a post hasn't had any activity for three to four weeks, you leave it alone unless you have a question about the law being discussed or are the OP coming back with an update. I have several reasons for this. PM me if you have questions.

Thanks and hope you stay around!