Hello,

I have a question reagarding overtime. Ca has the over 8 and after 40 rule for applying overtime . I worked a six day work week as follows . Workweek is Fri thru Thurs. We are hourly non exempt.

Fri 4 hrs
Sat 12 hrs
Sun Off
Mon 12 hrs
Tues 4 hrs
Wed 12 hrs
Thurs 12 hrs

Total 56 hrs

My calculation is 24 hrs of overtime . My employers calculation is 16.

Any Thoughts ?

Thanks

Interceptor

I am coming up with 16 OT using either the hours past 40 in the work week or hours past 8 in the workday rule. There are 3 other CA daily OT rules, but I am showing none of this rules applicable to the situation as described. Just to be clear the 7th day rules only applies if all 7 days in the workweek were actually worked.

Example:
1-1-1-1-1-1-12 is 18 hours worked, 6 reg, 8 150% RRP and 4 200% RRP.
However:
2-0-1-1-1-1-12 is still 18 hours worked, but the 7th day rule does not apply because only 6 days were worked. We instead have 14 regular hours worked and 4 hours 150% RRP under the hours worked past 8 in the day rule.

Oooh, I love multiple choice questions, especially when there's only two choices and one is correct. :) 16.

Thanks Daw

The reason I ask is I was already at 44 hrs worked on Wed . What I am wondering is if the 12 hours on thurs is all overtime?

No. It isn't.

Thanks to all of you. Looks like I am incorrect.

FYI, CA has a rule that each particular hour is only counted once in the manner most favorable to the employee. Practically speaking, it means that the daily 200% RRP calculations go first, the daily 150% RRP calculations go next, and the federal weekly 150% RRP calculations go last. Per CA-DLSE there is no intent that overtime be "pyramided". Specifically the same hour cannot be counted twice (once for federal purposes and then again for CA purposes).

And this particular issue comes up a lot, so no big deal.

Once an hour is paid at OT (as daily OT) it is not counted again toward weekly OT.

I understand , Thankyou

Once an hour is paid at OT (as daily OT) it is not counted again toward weekly OT.

I apologize for posting to a "dated" thread, but was searching for a link that references the California labor law that this is applicable to.
Can anybody help?

Thanks!

I am not certain that I understand your question, but if you are looking for the actual CA OT law, it is CLC 510.

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=lab&group=00001-01000&file=500-558

FYI, Michigander started (or the moderator moved it for him) a separate thread and his answer is there.