Legal Question in Employment Law in California
My work schedule is for four 10 hour days each week. If I work more than eight hours on one day (for example 11 hours) during the work week but my total hours for the week are less than forty (they are 38), am I entitled to overtime on the one day I worked 11 hours?
3 Answers from Attorneys
Any hours worked over 8, in one day, are considered overtime hours for non-exempt employees, unless the alternative work schedule was voted for by a properly held election among the affected employees.
It would seem you should be getting overtime after 8 hours. You have not provided any information that would allow us to evaluate any deviation from that rule.
On a properly established 4-day 40-hour workweek, OT is payable only over 10 in one day or over 40 for the 7 day week. Your question should be whether the 4/40 schedule is properly established, by approval of the employees in a vote. If not, you may have a claim of OT for over 8 each day.
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