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Thread: 40 hours Overtime clarification. California

  1. #1
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    Default 40 hours Overtime clarification. California

    Here's California's overtime code:

    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.



    Suppose I work 20 hours on monday, 20 hours on tuesday, and 8 hours on thursday. Am I entitled to overtime for the 8 hours that I worked on thursday because I have already worked more than 40 hours in the week?

    I typically work 12 hours a day monday-friday, the way I'm reading the law this should work out to 28 hours of regular time, and 32 hours of overtime.
    monday: 8 hours Reg, 4 hours OT
    tuesday: 8 hours Reg, 4 hours OT
    wednesday: 8 hours Reg, 4 hours OT
    thursday: 4 hours Reg, 8 hours OT
    friday: 12 hours OT
    Specifically I am reading this part: "hours worked in excess of 40 hours in a workweek"

    However my employer says that this works out to 40 hours of regular time and 20 hours of overtime.
    monday: 8 hours Reg, 4 hours OT
    tuesday: 8 hours Reg, 4 hours OT
    wednesday: 8 hours Reg, 4 hours OT
    thursday: 8 hours Reg, 4 hours OT
    friday: 84 hours OT
    It seems this would require the law to say: "hours worked in excess of 40 hours in a workweek of more than 5 days"



    It seems like they're trying to interpret the rules in their favor. If judges interpret it that way I have no argument against it, but I can't find any information about anyone interpreting the law in this manner. Can anybody help? thanks.

  2. #2
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    Hours worked in excess of 8 in a day OR 40 in a wk. & the 1st 8 hrs. worked on the 7th day of work in a given work week must be paid at the rate of not less than 1 1/2 times the regular rate of pay. Hours worked in excess of 12 in one day as well as hrs. worked in excess of 8 on any 7th day of a workweek must be compensated at the rate of not less than twice the regular rate of pay. (This info would not apply when working an alternative workweek.)
    (Once an hr. has been counted as a daily OT hr., it is not eligible toward weekly OT.)
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  3. #3
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    Lets make some assumptions. Private sector (rules are different for public sector). No Alternative Workweek Schedule in play. Nothing intersting in the Wage Orders in play. Assuming those three things are true, and assuming that the calendar day is the same as the workday (workdays/workweeks do not have to end at midnight), then the obvious question is when exactly does the workweek end? While employers are not legally required to have the same workweek for all employees, in fact, most do. My last 4 employers had a workweek ending Sunday midnight even though no shifts/schedules ended then. Lets assume that your workweek ends Sunday midnight. Lets assume that you worked Lets assume that you worked 14-14-14-14-14-0-10, for a total of 80 hours for the workweek in question.

    - No 7th day OT in play. That is not a Sunday or the 7th day in workweek rule. It is an actually worked all seven days in the workweek rule. So this example eliminates two of the four CA specific rules.
    - We have 10 hours in total under the hours-past-12-in-the-workday rule.
    - We have 20 hours in total under the hours-past-8-in-the-workday rule.
    - We have 10 hours (Sunday) under the hours-past-40-in-the-workweek rule.
    - We have 40 hours at straight time.

    This is like dealing cards. Every hour is only looked at once. It is only counted once in the way most favorable to the employee. Mechancially that means you look at CA-200% RRP rules first, CA-150% RRP second, and federal 150% RRP rules last.

    Please note that I made a lot of assumptions. Includinig what your employer choose as a workweek. That would be good to verify.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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