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overtime after 40 hours in CA? California

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  • overtime after 40 hours in CA? California

    I am an hourly employee in the state of California. Is it true that I only accrue overtime after 40 "straight" hours.

    For example, if I work four ten hour days, will the fifth day be all at an overtime rate or are the forty hours worked considered 32 "straight" hours and 8 hours of overtime?

  • #2
    Not exactly. I am including a pointer to the CA overtime rules. Under the "normal" rules, if you work 10-10-10-10-0-0-0-0-, you have just worked 32 straight time hours and 8 hours at time-and-a-half. Please read the referenced website.
    http://www.dir.ca.gov/dlse/FAQ_Overtime.htm

    If I can pick a few nits that might not apply to you.
    - "Hourly" is just a payment method. "Non-Exempt" employees get overtime. "Exempt" employees do not. While most hourly employees are indeed Non-Exempt, not all hourly employees are Non-Exempt and not all Non-Exempt employees are hourly.
    - Some employers have something called an Alternative Work Schedule. The "normal" rules change for them.
    - There are some industry and job specific overtime exceptions. Maybe 100+ in total. For example, if you are a sheepherder, you do not get paid overtime under law.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

    Comment


    • #3
      exemption consideration

      Although I am unfamilar with your set of facts, you may wish to seek legal counsel to consider whether or not you are exempt from overtime under California law. If you are you may still have an FLSA claim under federal law for overtime.

      Hope this helps.
      Walter

      www.Collectovertime.com

      Disclaimer: The above correspondence does not constitute legal advice nor establish an attorney-client relationship. You should seek the advice of independent legal counsel before relying upon, acting upon or not acting upon any information contained in this correspondence.

      Comment

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