Legal Question in Employment Law in California

I am confused over the definition of a "sixth day" of work under California labor law. The specific example I am citing involves people working 12 hours a day guaranteed on a Su -Sa payroll period. In one week the company worked some employees for six of seven days (Su,Mo,Tu,Th,Fri,Sa) and paid the 6th day as OT all day. The next week the same employees worked only three days (Su,Mo,Tu).

I understand the company has to pay OT all day for working either 6 of 7 days or 6 consecutive days, but I am being told the Tuesday on the second week is also to be paid as if a 6th day, giving all affected employees two "6th days" in the same 6 day period. I thought it was one or the other, but never both. Which is correct?


Asked on 8/01/14, 2:40 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

You are needlessly complicating and confusing this. With a Sunday through Saturday 7 day work week, any sixth or seventh day worked within THAT week is paid overtime per Labor Code rules. Any days worked outside THAT week have nothing to do with it, as they are in their own 7 day week that starts over every Sunday.. Simple to understand,

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Answered on 8/01/14, 3:11 pm


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