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| *Ostroff, Fair and Company>>>Law & Legal |
Is there an hour requirement for overtime in California for working consecutive days? |
If I were to have worked from a Tuesday till a Tuesday 5+ hours a day, except one day in the middle (say a Saturday) I only worked 4.5 hour shift do I still qualify for the 7 consecutive day work overtime mandated by California law? Or does it have to be over so many hours a day in order to qualify as a work day? The Cali law is as such: In California, the general overtime provisions are that a nonexempt employee 18 years of age or older, or any minor employee 16 or 17 years of age who is not required by law to attend school and is not otherwise prohibited by law from engaging in the subject work, shall not be employed more than eight hours in any workday or more than 40 hours in any workweek unless he or she receives one and one-half times his or her regular rate of pay for all hours worked over eight hours in any workday and over 40 hours in the workweek. Eight hours of labor constitutes a day's work, and employment beyond eight hours in any workday or more than six days in any workweek is permissible provided the employee is compensated for the overtime at not less than: In other words -- you get over time for time over 8 hours in a day, or 40 in a week. But a week is not just any "7 consecutive day" period -- rather it is a specific 7 day period. In your example above, if the work week starts on a Friday, for example, you worked 5+ hours daily on week one -Tuesday thru Friday, and 5+ hours except the 4.5 on week two -- Saturday through Tuesday. So in that case neither week was over 40 hours -- unless there are more days you are not telling us. The above is just an example -- it all depends on your work week. You should have a Federal Department of Labor poster in your work place and it should be clearly visible for you to read. It is a red, white and blue poster usually in the break-room or by the time clock, It will tell you all you need to know, If you don't have one, then report it, Employee have to post these posters. depends how the company pay period goes.... like Monday-Sunday. Then over-time should start after 40 hrs, within that 7 day period...... wait. you only work 5 hr a day? your part time no over-time for you.....and you never get 7 con. days, where ever that fantasy came from. |
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