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California OT laws (California)

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  • California OT laws (California)

    I work regularly 8 hours and 30 minutes daily and about 43 hours per week.

    I'm am not positive but per CA labor laws should I be paid for all time worked after 8 hours daily and any time over 40 hours weekly?

    The company I work for tells me that I get either or. So if I get paid for the 3 hours over 40 weekly, I do not get paid for any time worked over 8 hours daily, and vice versa.

    Do I get both OT for daily and weekly or just either or?

    Thanks

  • #2
    You count the overtime once.

    Let's say you work 8.5 hours every day, five days a week.

    You would receive .5 hours overtime for each day.

    Your weekly total would be 42.5 hours, but the overtime was taken care of with the daily OT.

    Now if you were then required to work four hours on a sixth day of work, ALL of that would be overtime, even though you did not work more than eight hours in the day (and, thus, had no daily overtime).
    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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    • #3
      Once an hour has been counted toward daily overtime, it is not eligible toward weekly overtime. So if you are working 5 days a wk., you would get no add'l. overtime over the daily 30 min. OT. (You would not get paid OT twice - the over 8 hrs. a day OT & the over 40 hrs. a wk. OT.)
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      • #4
        I have another CA overtime question.

        If I am scheduled for a 9 hour shift, and decide to take sick time instead, can I only take 8 hours of sick time?

        If I am scheduled for a 9 hour shift, and work 8 hours of my shift, but have to leave, would I lose that last hour of pay?

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        • #5
          oops, i was not done...

          Does the law state how sick time has to be given? If I work a 9 hour shift, and leave after 2.2 hours, do i have take 6.8 hours of OT? Or is that up to the individual company in CA?

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          • #6
            That's strictly up to the employer. The law does not address usage of sick time to that extent.
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            • #7
              And OT is a function of hours actually worked, not hours scheduled to be worked.
              "Reality is that which, when you stop believing in it, doesn't go away".
              Philip K. **** (1928-1982)

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