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Thread: OVERTIME CALIFORNIA California (MAXIMUM)

  1. #1
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    Default OVERTIME CALIFORNIA California (MAXIMUM)

    Hi Everyone.
    We have a Monday - Friday Normal schedule. Our pay period starts Saturday - Ends Friday.
    Pay Period Feb. 4th - Feb. 17th 2012 then next pay period Feb. 18th - March. 2nd 2012

    I have worked the following: Feb6th, Feb7th Feb8th Feb9th Feb10th (mon-fri) then Sat. Feb11th
    OFF- Feb. 12th
    Feb 13th, Feb 14, Feb 15, Feb 16th, Feb. 17th Feb. 18th, Feb 19th, Feb 20th, Feb21st, Feb 22, Feb 23, Feb24, Feb25(tomorrow) and might have to work Sunday Feb26th - then Monday -Friday of the following week to end the 2nd pay period.

    Is there a problem with this? At what time does time & 1/2 start and what time does double time start and end on this work schedule?

    We had one girl pass out today and taken to the hospital from exhaustion and dehydration~
    Last edited by deziedez; 02-24-2012 at 04:43 PM. Reason: forgot a date

  2. #2
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    Exclamation Das ist in der Doktor!

    Quote Originally Posted by deziedez View Post
    Hi Everyone.
    We have a Monday - Friday Normal schedule. Our pay period starts Saturday - Ends Friday.
    Pay Period Feb. 4th - Feb. 17th 2012 then next pay period Feb. 18th - March. 2nd 2012

    I have worked the following: Feb6th, Feb7th Feb8th Feb9th Feb10th (mon-fri) then Sat. Feb11th
    OFF- Feb. 12th
    Feb 13th, Feb 14, Feb 15, Feb 16th, Feb. 17th Feb. 18th, Feb 19th, Feb 20th, Feb21st, Feb 22, Feb 23, Feb24, Feb25(tomorrow) and might have to work Sunday Feb26th - then Monday -Friday of the following week to end the 2nd pay period.

    Is there a problem with this? At what time does time & 1/2 start and what time does double time start and end on this work schedule?

    We had one girl pass out today and taken to the hospital from exhaustion and dehydration~
    Heres what I found,
    Overtime

    California requires an employer to pay overtime to employees, unless otherwise exempt,
    at the rate of:
    1 1/2 times the employee's regular rate of pay for all hours worked in excess of 40
    hours in a workweek or 8 hours up to and including 12 hours in any workday, and
    for the first 8 hours worked on the 7th consecutive day of work in a workweek; and
    2 times the employee's regular rate or 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.
    CA Dept. of Industrial Relations: Overtime.

    Meals and Break

    California employees must be provided with a meal period of no less than a 30-minute
    when they work more than 5 consecutive hours (more than 6 hours for employees in the
    motion picture industry in specific situations). CA Dept. of Industrial Relations: Meal
    Periods. Unless the employee is relieved of all duties during the entire 30-minute meal
    period and is free to leave the employer's premises, the meal period must be counted as
    hours worked and paid at the employee's regular rate of pay. California law only permits
    employers to provide an "on duty" meal period when the nature of the work prevents the
    employee from being relieved of all duty and when by written agreement between the
    employer and employee an on-the-job meal
    period is agreed to. CA Labor Code Section 512

    Certain non-exempt employees must be provided with a net 10-minute paid rest period for
    every 4 hours worked or major fraction thereof. Insofar as is practicable, the rest period
    should be in the middle of the work period. A rest period is not required for employees
    whose total daily work time is less than 3 1/2 hours. The rest period is counted as time
    worked and therefore, the employer must pay for such periods. CA Dept. of Industrial
    Relations: Rest Periods

    If you have people passing out then you have a much bigger problem than wanting to know when overtime kicks in!!
    If your not being allowed to take State mandated meal and rest breaks you all need to get in touch with Cal-OSHA or the Ca. Dept. of Industrial Relations A.S.A.P. !

  3. #3
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    Default

    Overtime is based on workweeks, not pay periods. Assuming based on what you have said, your workweek apparently starts on Saturday and ends on Friday, apparently at midnight. I would be catious about guessing and would actually ask your payroll/HR department about exactly when the workweek ends. Still with a BW pay period, the employer would normally want to have the workweek line up with the pay period, so it is likely they do.

    Lets look at an example. Bob works 1-1-1-1-1-1-1-1, 7 hours total in the workweek. Bob has 6 hours at 100% RRP, and 1 hour at 150% RRP, because Bob actually worked all 7 days in the workweek. Something not true in your examples.

    There are four CA daily overtime rules. The two double time rules are "hours worked past 12 in the workday" and "hours worked past 8 on the 7th workday actually worked in the workweek".
    http://www.dir.ca.gov/dlse/FAQ_Overtime.htm
    "Reality is that which, when you stop believing in it, doesn't go away".
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