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Not sure if I'm shorted OT California

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  • Not sure if I'm shorted OT California

    I was told my work week is from Monday-Sunday. My pay period is from the 1st to the 15th. I get paid on the 5th and the 20th. From the 1st to the 7th, I worked 58 hours. My boss told me that I do not get overtime because I did not work over 40 hours from the 1st (thur)-4th(Sun) or 5th(mon)-11th(sun) which he said is the work week, not the 1st-7th. Does it go by the mon-sun or 1st-7th? Should I get OT or not? Can I please have some references so I can show him if necessary.

  • #2
    If your work week is Monday-Sunday, then overtime calculations are based on Monday-Sunday.

    How many hours a day are you working?
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      http://www.dir.ca.gov:80/dlse/faq_overtime.htm
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      • #4
        it varies day by day. for this particular pay period:
        7/1-5.43 hours
        7/2-9.58 hours
        7/3-10.79
        4-10.83
        5-5.96
        6-5.96
        7-9.4
        8-off
        9-off
        10-6.81
        11-9.87
        12-6.05
        13-7.47
        14-8.18
        15-off

        So does it matter that on my check stub it says pay period between 7/1-7/15?

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        • #5
          The pay period and the work week are two different things.

          Overtime is calculated on the basis of the work week, not the pay period.

          I asked about the number of hours in a day because in your state, OT is also calculated on a daily basis. You should be receiving overtime for every day that you work over 8 hours in a day. However, you do not get to pyramid it and get it again for over 40 in a week. You only get it once.
          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

          Comment


          • #6
            In other words, in your example, the workweek actually started on June 27 and ran through July 3. So, to know whether you were due any weekly overtime, June 27 through June 30 would also have to be considered.

            Here's a simple way to do it. Slot your hours worked each day into a calendar. Mark off the calendar into workweeks, Monday through Sunday. Then apply the overtime rules per the link cbg provided earlier.

            I will say that, for the workweek July 4 through July 10, overtime would be due as follows, because of California's daily overtime law:

            4-10.83 - 2.83 hours 1.5 OT
            5-5.96
            6-5.96
            7-9.4 - 1.4 hours 1.5 OT
            8-off
            9-off
            10-6.81

            Semi-monthly payrolls for nonexempt employees are administratively difficult for employers if they don't have a good automated time system. And hard for the employees to understand.

            When the workweek is NOT complete at the end of the pay period, obviously overtime cannot be paid until the following pay period, because the workweek has not yet ended. That is legal under California law.
            Last edited by Pattymd; 07-23-2010, 12:42 AM.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #7
              Originally posted by Pattymd View Post
              In other words, in your example, the workweek actually started on June 27 and ran through July 3. So, to know whether you were due any weekly overtime, June 27 through June 30 would also have to be considered.
              Ok I understand. So for the week of 6/28-7/4, I worked 44 hours. So I should get 4 hours OT right? And that should have been applied to my paycheck I received on the 20th?
              6/28-off
              6/29-off
              6/30-7.5 hours

              Comment


              • #8
                Originally posted by rachh004 View Post
                Ok I understand. So for the week of 6/28-7/4, I worked 44 hours. So I should get 4 hours OT right? And that should have been applied to my paycheck I received on the 20th?
                Not quite; you forgot to consider daily overtime. So, it's better than that. . 6/28 through 7/4 is the workweek. So,
                6/28-off
                6/29-off
                6/30-7.5 hours 7.5 straight-time
                7/1-5.43 hours 5.43 straight-time
                7/2-9.58 hours 8.0 straight-time, 1.58 1.5 overtime
                7/3-10.79 8.0 straight-time, 2.79 1.5 overtime
                7/4-10.83 8.0 straight-time, 2.83 1.5 overtime

                So, total of 36.83 straight-time, 7.2 1.5 overtime, total hours worked = 44.03

                See the difference?
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                Comment

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