I'm a little confused with regards to two things with my overtime.

Firstly, at the last hotel I worked at, (I work graveyards) I signed a waiver of lunch breaks for my shift, how this worked out, is that If I worked 8 hours straight, with no break. I got paid for 8.5. I'm wondering if this is the correct payment? Also I was of the understanding (from reading the waiver portion) that the .5 is not counted for the purposes of determining overtime.

My confusion on the second part comes somewhat from the 7th day rule, when I have worked 14 days straight.

Workweek is M-S, here are my hours:

Mon: 0
Tues: 10
Wed: 8
Thurs: 12.5
Fri: 9.5
Sat: 13.5
Sun: 9
Mon: 9.75
Tues: 8.5
Wed: 10.25
Thurs: 8.25
Fri: 8
Sat: 14
Sun: 8.25

Can someone help me figure out what portion of that is normal overtime, and what portion is double time?

Also, I'm unsure of how I'm supposed to read a relevant portion of the wage law regarding OT. It says I'm entited to OT for all hours worked greater than 8 in one day, and for all hours worked greater than 40 in 1 workweek right? So, Looking at the first work week, I should have 40 hours of regular time, but looking at the second week I should only have 35.5 hours of regular time?

Also I was of the understanding (from reading the waiver portion) that the .5 is not counted for the purposes of determining overtime.


Correct. This is time paid but not time worked.

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Each work week legally stands alone, so I am going to calculate them separately.

First work week
Mon: 0
Tues: 10
Wed: 8
Thurs: 12.5
Fri: 9.5
Sat: 13.5
Sun: 9


There is no 7th day worked in this work week. We do have 40 STH (straight time hours), plus 20.5 THH (time-and-a-half hours), plus 2 DTH (double time hours).

2nd work week
Mon: 9.75
Tues: 8.5
Wed: 10.25
Thurs: 8.25
Fri: 8
Sat: 14
Sun: 8.25

There is a 7th day worked in this work week. We have 40 STH, plus 24.75 THH, plus 2.25 DTH.

Question regarding the 2nd week, its my understanding from the reading of http://www.dir.ca.gov/dlse/FAQ_Overtime.htm That OT is accrued for both all hours above 8, *and* all hours above 40.

So for the 2nd week:
I reach 40 hours before reaching 40 straight time hours.

Date HoursW Running Total
Mon9.75 9.75
Tue8.518.25
Wed10.2528.5
Thu8.2536.75
Fri844.75
Sat14 58.75
Sun8.2567

Hence I should only have: 35.75 Straight time hours?

California Labor Code section 510


(a) Eight hours of labor constitutes a day's work. Any work in excess of eight hours in one workday and any work in excess of 40 hours in any one workweek and the first eight hours worked on the seventh day of work in any one workweek shall be compensated at the rate of no less than one and one-half times the regular rate of pay for an employee. Any work in excess of 12 hours in one day shall be compensated at the rate of no less than twice the regular rate of pay for an employee. In addition, any work in excess of eight hours on any seventh day of a workweek shall be compensated at the rate of no less than twice the regular rate of pay of an employee. Nothing in this section requires an employer to combine more than one rate of overtime compensation in order to calculate the amount to be paid to an employee for any hour of overtime work. ...

Sorry, I'm not quite getting how that pertains really?

I still see All hours in excess of 40 are paid at time and 1/2.

I reach 40 hours during the first 4 hours of friday. Does that not mean that the next 4 hours are OT? And then on from there?

If I had worked M-F @ 8 hours per day, on Saturday, my next 8 hours would still be OT, as would my next 8 hours on Sunday, if I only worked 8 hours each day.

So why wouldn't the extra hours I worked up till friday, count toward filling my 40 hours in this case?

Or to put it another way, assuming I haven't signed for 4-10's, And I work M-Th, 10h each day, And on Friday I come in and work 8 hours. Have I not accrued 2 hours OT each day M-Th, and 8 hours OT on Friday?

Sorry, I'm not quite getting how that pertains really?

You do not see how the actual California law on overtime pertains to an overtime question?

That OT is accrued for both all hours above 8, *and* all hours above 40

I specifically including the California law section and underlined the passage addressing your *and* concern. It is not legally an "and".

I still see All hours in excess of 40 are paid at time and 1/2.

No, in your example, some of the hours are paid at double time. And if we change your example, to say 13-13-13-0-0-0-0, we have both DTH and THH even though we have no hours-worked-past-40-workweek involved.


It is like dealing a deck of cards. Each hour is only classified once, in the way most favorable to the employee. The CA daily double time hours are classified first. The CA dailytime-and-a-half hours are classified second. The federal hours-past-40-in-work-week are classified third. Straight time hours are what ever is left over.

Thankyou DAW! Now *that* I understand, i just found the legal language very confusing.