Legal Question in Business Law in California

CA Overtime Pay: Followup Questions

Thank you Michael and Brian for your responses to my question yesterday -- they definitely clarified the law for me. I have a few cases I'd like to work out with the two of you -- or anyone else that can help.

(1) An employee works Mon-Sat, 8 hours each day, for a total of 48 hours. According to the DLSE website I sited yesterday, ''the first eight hours worked on the seventh consecutive day of work in a workweek'' get OT pay. Again, would this employee just get 40 hours reg, 8 hours OT?

(2) Consider an employee who works M-Sat for 4 hours each day. Is it correct that the employee would get 20 hours reg pay and 4 hours OT?

(3) Now, consider an employee who works M=8, T=9, W=8, TH=off, F=8, Sat=4. Would this employee be subject to Saturday OT pay? His or her work days were not ''consecutive''; so would he/she not be eligible for Sat OT pay?

Does this employee get just 37 reg pay? Or 33 reg and 4 OT?

Lastly, is there a resource anyone can refer me to as a good employment law reference? A good book, for example? Thanks in advance.


Asked on 6/16/08, 10:11 pm

2 Answers from Attorneys
Jonas Grant Law Office of Jonas M. Grant, A.P.C.

Re: CA Overtime Pay: Followup Questions

Remember, the seventh consecutive day is usually, and in your examples, Sunday. Saturday is the sixth consecutive day in your examples and therefore OT only if the EE works more than 8 hours in that day or the EE has already worked 40 hrs M-F. Seventh consecutive day could be Sat, but not if the EE gets every Sun. off.

First, there is the option of retaining an employment law attorney. Second, there are some web and newsletter based services aimed at providing HR folks with resources and keeping up to date with, and complying with, state and federal law. One such site is http://www.hrhero.com/

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Answered on 6/20/08, 9:50 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: CA Overtime Pay: Followup Questions

1. Yes. 2. 0 OT. 3. 1 hr OT. 4. Ask the law librarian at a courthouse or law school, or try a law bookstore or law school bookstore. Also nolo.com or ruttergroup.com

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Answered on 6/16/08, 10:24 pm


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