My husband just recently started with a new company (California) that states they only pay overtime for more than 8 hours in a workday rather than by week. As an example, he is on is 6th day this week, but has been told he will only get Overtime if he works more than 8 hours today. His total hours worked for this week exceeds 40 hours, but he has not worked more than 8 hours in one day. Is this legal?

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

It is true that overtime is not required until after the 8th hour worked on the 6th consecutive day of the workweek. What can get a little confusing about CA overtime is that once the hours are determined to be overtime, they don't have to be considered overtime again.

If you want to post back the exact hours for the workweek by day, we can tell you exactly what he should be paid.