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  • 12 hour work days

    I am wondering, If I work anywhere from 12-14 hours a day Monday through Friday, what the laws are as far as paying overtime. I notice on my pay stubs that I get paid the 40 hours per week as regular pay, but all the hours I work overtime above 8 hours a day, 40 hours a week is only being paid at HALF my regular wage. It says "Overtime Premium"? Is this legal??

  • #2
    In what state is this?
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      12 hour work days

      The state is california

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      • #4
        Lets look at the basics. Federal law (FLSA) mandates a 50% OT premium for hours worked past 40 in the workweek. Say Bob normally makes $10/hr, and works 50 hours this workweek. Under federal rules, he would be paid 50 x $10/hr/ plus 10 hrs @ $5/hr. That is where the 50% OT premium comes from. We could instead say 40 @ $10/hr plus 10 @ $15/hr which would give the same total.

        CA daily overtime looks at hours worked in workday, but the same basic idea.
        http://www.dir.ca.gov/dlse/faq_overtime.htm
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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        • #5
          Originally posted by DAW View Post
          Lets look at the basics. Federal law (FLSA) mandates a 50% OT premium for hours worked past 40 in the workweek. Say Bob normally makes $10/hr, and works 50 hours this workweek. Under federal rules, he would be paid 50 x $10/hr/ plus 10 hrs @ $5/hr. That is where the 50% OT premium comes from. We could instead say 40 @ $10/hr plus 10 @ $15/hr which would give the same total.

          CA daily overtime looks at hours worked in workday, but the same basic idea.
          http://www.dir.ca.gov/dlse/faq_overtime.htm
          Ok, thank you, shouldn't there be a "written contract" stating that legally? Speaking of the "premium OT",
          I am working 12-13 hours a day, 5 days per week, getting my normal wage for 8hrs then 1/2 of my normal wage as O.T. Premium.

          say I work 8 hrs for 16$ per hr,
          then O.T. 5hrs for 8$ per hr

          So this (above) is what I should be paid? What happened to regular overtime hours at time and a half??

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          • #6
            Written contracts are very unusual and not legally required.

            Regarding your calculation it looks strange. It feels almost like a Fluctuating Workweek, a rather obscure FLSA exception. The problem with that is CA does not support FWW, so that should not be legally possible in CA.

            To double check the obvious:
            - Are you legally an employee?
            - What are your job duties?
            - What is the industry?
            - Is the employer governmental in nature?
            "Reality is that which, when you stop believing in it, doesn't go away".
            Philip K. **** (1928-1982)

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            • #7
              One and one-half times the employee's regular rate of pay for all hours worked in excess of eight hours up to and including 12 hours in any workday, and for the first eight hours worked on the seventh consecutive day of work in a workweek; and


              Double the employee's regular rate of pay for all hours worked in excess of 12 hours in any workday and for all hours worked in excess of eight on the seventh consecutive day of work in a workweek.


              See link that was posted above. You don't get paid OT working over 8 or 12 hrs. in a dayAND also for working over 40 hrs. in a workweek. (You don't get paid OT twice.)
              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

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