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Thread: Overtime is over 8 hours a day -OR- over 40 hours in a week? California

  1. #1
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    Default Overtime is over 8 hours a day -OR- over 40 hours in a week? California

    Is overtime calculated as anything over 8 hours a day -OR- over 40 hours in a week?

    Doing some reading in this forum looks like in 5 states it is anything over 8 hours a day regardless of how many hours an employee works in a week. Which are these states?

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    Only four states (Alaska, California, Colorado, Nevada - plus Puerto Rico) have daily overtime rules.

    All other states are legally only effected by the federal "hours worked past 40 in the work week" rule.

    Employeers can choose to have more favorable OT rules, but this is not a legal requirement.
    "Reality is that which, when you stop believing in it, doesn't go away".
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    To further clarify, in California, Alaska, and Nevada, overtime is due for hours worked over 8 in a day. However, in Colorado, overtime is only due for hours worked over 12 in a day.

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    Hi cbg, I've been reading a lot of your posts and being new here, you seem to me like you have a handle on a great many of these laws and rules.
    I'm in CA, working for a small business that seems to disregard the 8 hrs in a day law.
    Shouldn't it be:
    Day 1 - 9 hrs 8 reg 1 OT
    Day 2 - 9 hrs 8 reg 1 OT
    Day 3 - 9 hrs 8 reg 1 OT
    Day 4 - 5 hrs 5 Reg
    Day 5 - 8 hrs 8 Reg
    Day off
    Day off
    They work me 9 hrs for thee days and pay me straight time- no OT.

    Then they changed my schedule all around so now my work week is
    Day 1 - 5 hrs 5 reg
    Day 2 - 10 hrs 8 reg 2 OT
    Day 3 - 5 hrs 5 reg
    Day 4 - off
    Day 5 - 9 hrs 8 reg hrs 1 OT
    Day 6 - 7 hrs 7 reg hrs,
    Day 7 - off and start all over again.
    Still, my paychecks reflect no OT, ever. Shouldn't I be getting OT for those two days I work over 8 hrs?
    How are they figuring this?
    Last edited by Gramps; 02-17-2008 at 12:55 PM.

  5. #5
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    What is the nature of the employer's business and what are your duties?
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    Quote Originally Posted by Gramps View Post
    shouldn't I be getting OT for those two days I work over 8 hrs?
    Maybe, if you are counting only work time.

    If go to work at 8 AM and get off at 5 PM with a one hour lunch break, there are only eight hours of work, even though the time from start to finish is nine hours. The lunch break is not required to be paid for non-exempt employees. Exempt employees have all their time included in the weekly salary.
    Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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    Job is reception. waiver of lunch break to eat at desk to answer phones. I'm pretty sure this is not in the 'exceptions' catagory...

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    I've been doing a lot of reading into this since last night when I found out about this eight hour rule. It doesn't matter if I work a 40 hr week or a 28 hr week. If I work one ten hour day, I'm intitled to 2 hrs time and a half, regardless of how many hours I worked the day before or day after.

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    When it comes to the specifics of CA overtime law, I defer to DAW (and Scott) as being more familiar with the potential exceptions of CA law than I am. The last time I had non-exempt employees in CA was before the current law requiring overtime to be calculated on a daily basis was passed; as a result I know the general requirements but not the exceptions or the details.

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    Thanks, DAW, I'm currently reading that page during your post.
    Thanks too, cbg and Scott
    Last edited by Gramps; 02-17-2008 at 01:15 PM.

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    Thanks, I was doing my taxes when I began noticing my paycheck statements; 86 hrs, no OT, 96 hrs, no OT, and I began going back to my start date. No OT.

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    What about 9 hrs without a break on a holiday? Is that 9 hours double-time or eight hours double-time plus one hour; what?

  14. #14
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    A work day is a work day as far as breaks and meal periods go. There is no law in California requiring premium pay on a company holiday.

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