Hello,

Here is a list of my hours worked for the week
On one of the days i was unable to take a lunch on all the other days i did take 1 hour lunch

This would be Tuesday
I figured i should have at least 16 hours of OT
They are only paying me for 9.45

What should i be payed for
i belive since i was unable to take a lunch that i should get paid another hour for that missed lunch ..As well as working a 6 day work week



Sunday
7-4

Monday
6-1:35

Tuesday
4:30am-5:00pm

Wednesday
7:30am-9pm

Thursday
8am-5pm

Friday the
7am-4pm

If the defined workweek (not your work schedule) starts on Saturday or Sunday, here's what you should get. If the workweek starts on some other day, this calculation would change.

Sunday
7-4 8 hrs reg (1 hour lunch)

Monday
6-1:35 7.5 hrs reg (1 hour lunch)-assuming rounding is being used.

Tuesday
4:30am-5:00pm 8 hrs reg (no lunch), 4 hrs 1.5 time, .5 hr double-time

Wednesday
7:30am-9pm 8 hrs reg (1 hour lunch), 4 hrs 1.5 time. .5 hr double-time

Thursday
8am-5pm 8 hrs reg (1 hour lunch)

Friday the
7am-4pm .5 hrs reg (1 hour lunch), 7.5 hr 1.5 time

So, add that all up.
40 hrs reg
15.5 hrs 1.5 time
1 hrs double-time
Plus 1 hr at straigt-time (does not have to be included when calculating overtime)

Have you asked payroll about this? What do they say?

Here are the relevant cites:
http://www.dir.ca.gov/dlse/FAQ_MealPeriods.htm
http://www.dir.ca.gov/dlse/FAQ_Overtime.htm

You should read this FAQs in their entirety to make sure there are not any exceptions for your industry or type of job.

The problem is this. Under law (FLSA), the "workweek" is a 168 consecutive hour period fixed in time. There under law is no such thing as a "6 day work week". All workweeks by legal definition are 24x7. You need to find out how your employer has defined the workweek. My last 4 employers all used workweeks ending Sunday midnight even though none of the companies had shifts or schedules ending Sunday midnight. The law is very clear that what shifts and schedules the employee actually works are legally unrelated to the workweek definition is used by the employer.

Past that, you are listing start and stop times, but you are not listing times actually taken for lunch, other then mentioning that on one day (you did not mention which), you worked through lunch. Assuming that you are Non-Exempt (someone who has a legal right to paid overtime), then you are subject to daily overtime.

I can give you several CA-DLSE subject webpointers, but you are not including enough of the right type of information to answer your question.

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

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

OP, you will see that I made the assumption about the workweek beginning on either Saturday or Sunday. Again, if it is something other than that, the calculations will change.

DAW, I took a shot. ;)

Ok i figured i would need to find out when the work weeks starts and ends

My check says the pay period started on the 7th and ended on the 20th

which the 7th was a saturday and the 20th was a friday

from above sunday was the 15th and friday was the 20th

Im Non-Exempt

The day i did not take alunch was tuesday the 17th


On the days i did take a lunch it was 12pm-1pm

Bi-weekly pay period then. Pay period is legally unrelated to the workweek, although an employer would have to be fairly into self abuse to not line up the workweek with either a WK or BW pay period, so the chances are pretty good (but not certain) that your workweek ends Friday.

Patty's math looks fine with those assumptions.