Legal Question in Employment Law in California
Hi, I have a question regarding overtime pay laws in California. My pay period starts on Wednesday and ends on Tuesday. Last week I worked Friday through Tuesday and am scheduled this week through Friday so I will be working 8 days straight and have Saturday off.
My shifts are 6 hours long so I am paid for 27.5 hours of work during a week. Will I be required to be paid overtime at all on the 8th day (I know since I don't work more than 30 hours a week or more than 6 hour shifts that I'm exempt from 7th day overtime).
2 Answers from Attorneys
California law calls for overtime for the 7th day regardless of the number of hours worked in a week, but the week is employer defined and the count of work days starts over at midnight between the day ending the defined pay week, and the day beginning the new week. So if you don't go over 40 hours on either side of that midnight, you could work twelve days straight with no overtime owed.
Workweeks are 7 days long, no matter when it starts, which is up to the employer to define. You are entitled to OT for anything over 8 hours per day or 40 hours per 7 day week. OT would only be payable in your scenario if you worked a 7th straight day in that defined week.
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