Legal Question in Employment Law in California
I worked 58 hours in one work week, but the 8 hours I worked on the seventh day aren't being considered as overtime because I didn't work on the sixth day. Is this correct?
2 Answers from Attorneys
If someone works 58 hours in a work week, and worked eight hours on the seventh day of that work week, but did not work seven consecutive days that week, then the employee is entitled to time-and-a-half for the hours worked on the seventh day. The employee is entitled to overtime because he or she worked more than 40 hours that work week.
It probably is. You don't get to "double dip" overtime so that your employer gets to pay straight time for less than 40 hours. So say you work 8, 12, 4, 8, 8, 0, 4, You only get 4 hours overtime. You don't get 4 on Tuesday for going over 8 in a day, and then 4 on Sunday for going over 40 in a week. Without knowing exactly what hours you worked on what days I can't give you an explanation of exactly how your OT should be calculated.