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California OT calculating the 40 hours

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  • California OT calculating the 40 hours

    I've been told by my employer that only "regular" hours worked will be used to calculate towards the 40 hour worked in a workweek for purposes of overtime. For example if I work 10 hours a day for 4 days only 32 hours will count toward the 40 hour rule for overtime pay purposes. Is this right? Reading the CA labor code it clearly states "any work in excess of 40
    hours in any one workweek". Are we being scamed of potential OT pay? We are Non-Exempt hourly employees with no alternative workweek agreement.

  • #2
    Originally posted by GungHo0321 View Post
    I've been told by my employer that only "regular" hours worked will be used to calculate towards the 40 hour worked in a workweek for purposes of overtime. For example if I work 10 hours a day for 4 days only 32 hours will count toward the 40 hour rule for overtime pay purposes. Is this right? Reading the CA labor code it clearly states "any work in excess of 40
    hours in any one workweek". Are we being scamed of potential OT pay? We are Non-Exempt hourly employees with no alternative workweek agreement.
    If you worked 10-10-10 10, you have just worked 32 straight time hours and 8 hours at time-and-a-half. Hours worked in excess of 8 in a day OR 40 in a week & the first eight hrs. worked on the 7th day in a given workweek must be compensated at the rate of not less than 1 1/2 times the regular rate of pay. You have already been paid OT for the 2 hrs. you worked each day over 8 - those hrs. do not count toward weekly OT. You can't be pd. OT twice - hrs. can't be counted twice toward overtime.
    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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    • #3
      Adding to my above post, you might want to read this link re OT Ca.

      http://www.dir.ca.gov/dlse/FAQ_Overtime.htm
      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

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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      • #4
        CA-DLSE has issued opinion letters that there are no "pyramiding" of overtime hours. That each hour worked is only counted once when determining overtime.

        http://www.dir.ca.gov/dlse/opinions/2000-01-19.pdf
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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