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case2k5
09-24-2005, 05:05 PM
California Overtime Laws???

If I make $26 hourly base as a non-exempt employee working as a Network Administrator at a hospital, please help me calculate my pay. Here are my clock in/outs.

Friday - 9am - 8:30pm <6 hour break in between>
Saturday 2:30am - 11:30am

Thanks for your help,

Casey

Pattymd
09-25-2005, 12:19 AM
We need the entire workweek to do that. The workweek is the 7-day period as defined by your employer (not necessarily your work schedule). Also critical to this question is what your employer defines as the beginning of the work day........midnight? 6 a.m.? What? Each 24-hour period (workday) and each workweek stand alone.

Once you know this, however, you should be able to do this yourself.
http://www.dir.ca.gov/dlse/FAQ_Overtime.htm

case2k5
09-25-2005, 10:21 AM
Thanks for responding. Here is my schedule. I was wondering if you could make sure I get paid what I am supposed to. Thank you very much.

Wednesday 9/21
11am-7pm

Thursday 9/22
9am-7pm

Friday 9/23
9am-8:30pm

Saturday 9/24
2:30am-11:30am

Base Hourly (Non-Exempt)
$26.00

Thanks for your help....

Pattymd
09-25-2005, 12:12 PM
We still need to know what the employer has defined as the workweek. At what time and on what day does it start? Having said that, assuming the workweek did not start on one of the days you worked, and assuming that you had at least a 30-minutes unpaid meal period, to which you are entitled by law, here:

Wednesday 9/21
11am-7pm less 1/2 hour meal period, 7.5 hours worked straight-time

Thursday 9/22
9am-7pm
less 1/2 hour meal period, 9.5 hours worked; 8 hours straight-time 1.5 hours overtime

Friday 9/23
9am-8:30pm
less 1/2 hour meal period, 11 hours worked; 8 hours straight-time, 3 hours overtime

Saturday 9/24
2:30am-11:30am
less 1/2 hour meal period, 8.5 hours worked; 8 hours straight-time, .5 hour overtime

Total 31.5 hours straight-time X $26 = $709; 5 hours overtime X $26 X 1.5 = $185. Total pay = $904

Now, why didn't you just ask the payroll person this? I have made assumptions here because you did not give me all the information actually required.

case2k5
09-25-2005, 05:08 PM
Regular work week is 9am-5:30pm Monday - Friday

case2k5
09-25-2005, 05:14 PM
I didn't ask payroll because I wanted to make sure they are on the up and up.

Pattymd
09-26-2005, 04:57 AM
I didn't ask what your work schedule was. I asked what the employer defines as the workweek. At what time and on what day of the week does the 168-hour (7-day) period start?

case2k5
09-26-2005, 01:10 PM
40 hour work week, payday every friday, paid on the previous work week.
work week starts 9am Monday and ends Friday at 5:30pm. does this help or do i need to send you a scan of my employment contract?

thanks for your help.

cbg
09-26-2005, 02:15 PM
No, that doesn't help - you're still providing YOUR work schedule, not the employer's workweek. The employer's work week that Patty is asking for MUST be a seven day week.

Look at it this way. If you worked overtime this coming Saturday, would it be paid on this week or next week? Same question with Sunday.

case2k5
09-26-2005, 06:36 PM
this week. Monday starts the new week. does this answer your question?

thank you for all your help.

I could scan my employment contract and send you the pictures, if you want.

Pattymd
09-26-2005, 06:48 PM
There's no need for sarcasm. I asked 3 times and cbg asked once. And I'm still not sure you understand what I was asking.

In any case, if Monday is the beginning of the workweek as defined by the employer, then what I said earlier stands.

case2k5
09-26-2005, 11:13 PM
Sorry, I didn't mean to come off sarcastic. I just wasn't exactly clear what information you needed.

One more quick question, How many hours between shifts are required by law before it is considered not overtime anymore?

Thank you for all your help.

Pattymd
09-27-2005, 05:01 AM
I searched for that the other day for another poster and couldn't find anything specific in the law. However, that doesn't mean there isn't anything which may be specific to the type of work you do, although even if there is, it may not affect how overtime is calculated. Call the Division of Labor Standards Enforcement and inquire. And make sure you know what the workweek is, because they are probably going to ask you.

case2k5
09-27-2005, 01:33 PM
My work week is Saturday Midnight to Sunday Midnight.

thanks

Pattymd
09-28-2005, 06:29 AM
I give up. Saturday midnight to Sunday midnight is one day, not seven.

case2k5
09-29-2005, 01:48 PM
My HR Department has told me this info.

I am going to confront them and reply back to you. sorry for all these problems and miscommunications.

Pattymd
09-29-2005, 02:33 PM
You don't have to tell them what I said, cause they don't know me from Adam. You can show them this:
http://www.dir.ca.gov/dlse/Glossary.asp?Button1=W#workweek

case2k5
09-29-2005, 06:15 PM
Sunday 12:01 am - Saturday Midnight is what they said.

Does this help you?

I still wanted to know if I qualify for double time for working so many hours in a very short period of time with a very small break in between.

Thank you.

Pattymd
09-29-2005, 10:14 PM
Now THAT is a workweek. You posted it backwards, earlier. And as I said earlier, there doesn't appear to be any requirement for double time except for the hours in excess of 12 in the same work day. i.e. midnight to midnight. You can always call the Division of Labor Standards Enforcement if you want to confirm.

case2k5
09-29-2005, 11:02 PM
thank u 4 all your help. they ended up paying me double time cuz i probed so much.

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