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View Full Version : Overtime pay in CA California


chacha74
05-01-2007, 05:32 PM
Here is situation. Husband works for a Mortuary and they want to change hours. Currently he works 40hrs a week m-f and is on call and gets paid per call.
They want to work him 10 days on and 4 days off. Is this legal? I was under the impression any hours worked over 8 in one day is overtime or any hours over forty in a week is overtime. For example M-F regular pay and Saturday is overtime.

He has worked now for 10 days straight and will work one more(11 straight) and will get four days off. How should the pay work out?
Should he get 6 days of overtime?

His new schedule is as follows fror a month(28 Days) 10 days on 4 off , 8days on 2 days off, 2days on 2 days off. Is this legal?

DAW
05-01-2007, 06:35 PM
The schedule is legal. Most employers can make most employees work almost any hours.

The paid overtime is more complicated. If your husband is normally paid OT, then he is presumably Non-Exempt. That normally means OT for hours-worked-past-40-in-the-workweek (federal rules), plus the CA specific daily OT rules. I can think of two possible exceptions. I am not saying that either exception is likely to be valid, just that they are worth eliminating.

- CA has something called Alternate Work Schedules. If the rules are followed, it can do something like a 10x4 schedule without paid overtime. I am not saying that this what is happening but you need to look at the rules and make sure that it is not. The rules can be found below.
http://www.dir.ca.gov/dlse/FAQ_Overtime.htm

- The other issue is that you are talking about OT, so I am assuming that the emloyee is legally Non-Exempt (paid OT required). Has your husband been paid overtime in the past, and will he be paid overtime in the future if the correct number of hours are worked? There are any number of common and obscure OT exceptions. I am not saying that any of them are in play, but I have failed to ask this question in the past when I should have. The CA Exempt rules (such as they are) are shown below.
http://www.dir.ca.gov/dlse/FAQ_OvertimeExemptions.htm

Pattymd
05-02-2007, 03:39 AM
The schedule is legal. Most employers can make most employees work almost any hours.

The paid overtime is more complicated. If your husband is normally paid OT, then he is presumably Non-Exempt. That normally means OT for hours-worked-past-40-in-the-workweek (federal rules), plus the CA specific daily OT rules. I can think of two possible exceptions. I am not saying that either exception is likely to be valid, just that they are worth eliminating.

- CA has something called Alternate Work Schedules. If the rules are followed, it can do something like a 10x4 schedule without paid overtime. I am not saying that this what is happening but you need to look at the rules and make sure that it is not. The rules can be found below.
http://www.dir.ca.gov/dlse/FAQ_Overtime.htm

- The other issue is that you are talking about OT, so I am assuming that the emloyee is legally Non-Exempt (paid OT required). Has your husband been paid overtime in the past, and will he be paid overtime in the future if the correct number of hours are worked? There are any number of common and obscure OT exceptions. I am not saying that any of them are in play, but I have failed to ask this question in the past when I should have. The CA Exempt rules (such as they are) are shown below.
http://www.dir.ca.gov/dlse/FAQ_OvertimeExemptions.htm

Not that we know what he does, but if your husband is the funeral home director, I believe that job has specifically been determined to meet the criteria for exempt status.

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