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7 day in a row overtime pay? California

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  • 7 day in a row overtime pay? California

    Am I suppose to get overtime pay if I work 7 days in a row within a work week? I worked 40 hour that week and only 4 hours some days.
    (I am sure it falls within the same work week since i worked 18 days in a row)

    The work week was in between February and March. I wasn't paid overtime in the paycheck for second half of February or first half of March.

  • #2
    This is maybe complicated.
    - Federal overtime is all hours worked past 40 in the workweek. CA rules are in addition to, not instead of, the federal rules. HOWEVER CA rules specifically says no pyramiding, meaning that a certain hour is only counted once as overtime.
    - CA rules are 50% overtime premium for hours worked past 8 in the day, or the first 8 hours worked for the 7th day worked in the workweek. They are also 100% overtime premium for hours worked past 12 in the day, or for hours worked past 8 for the 7th day worked in the workweek.
    http://www.dir.ca.gov/dlse/faq_overtime.htm

    Example. Bob works 1-1-1-1-1-1-1, seven hours total in the workweek. He is paid 6 hours at 100% regular rate of pay (RRP) and 1 hours at 150% RRP under the 7th day rule.

    HOWEVER, these are the general rules. There are also something called Wage Orders, industry specific regulations, and not all Wage Orders follow the general rules. You would need to find the Wage Order for your industry and make sure there is no industry specific exception. Second HOWEVER is to make sure that we are talking about non-exempt employees who are subject to the overtime rules.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      7 day in a row OT

      My non exempt Employees are not on set schedules and do work everyday. They may work a total of one hour a day but consecutively for 6+ days. So Mon, 1 HR Tues 1HR Wed 1HR Thu 1HR and so on, our employees handle teaching kids and leading them in Chorus - so part of their job would fall under the Creative Professional Exemption for FLSA.

      I can't seem to find any exceptions for this type of worker for the 7th consecutive day. Is this something we have to pay, some of these extra hours are just people taking phone calls from parents.

      Thank you for your help in advance.

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      • #4
        Call up CA-DLSE and see if there is an industry specific exception. Also, what you are describing is IMO reach for the FLSA Creative Professional exception.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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        • #5
          IMO - now sure what this stands for.

          Thank you for your quick response. I did look and some of the people I am talking about definably fall under the exception for creative individuals. The firm I am currently work at recently moved everyone from exempt to non exempt, so i assume they did their due diligence to gather all the right criteria to make a decision.

          Unfortunately, I am only a consulting and don't have all the background.

          Here is my silly questions, what does IMO stand for? Thank you and have a nice weekend!

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          • #6
            IMO - in my opinion
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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