Legal Question in Employment Law in California
Are they required to count overtime after each day of 8 hours... or can they count it by the week of 40 hours?
2 Answers from Attorneys
It is an either/or, but not both. Every day you go over 8 hours "on the clock" you must be paid overtime for the time over 8 hours. Every week you go over 40 hours you must be paid overtime for the time over 40 hours, BUT not if you already got overtime earlier in the week until you exceed that time. It's easier to follow by example. Say you work 8 hours M, W, Th and F, and 12 hours Tu. You get 4 hours OT Tu, but you don't get OT for the last 4 hours F also. Likewise, if you worked M-8, Tu-12, W-8, Th-8 and F-4, and then they brought you in on Saturday, you would work up to 4 hours Saturday at straight time, and then any more would be OT. I know it's confusing, but that's the best I can do to explain it.
Anything over 8 per day, and over 40 per week is OT.
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