Legal Question in Employment Law in California

If you worked over 40 hours in the work week prior to the 7th day - even though you missed the 6th day - you are owed overtime. CA law is that overtime is earned if the employee works over 8 hours in a day OR over 40 hours in a week. Focus on that without complicating it with the 7th consecutive day rule.

Based on that time record, your regular time/OT should be as follows. M 8/4, T 8/2, W 8/2.5, Th 8/1, F 8/0, Sat. 0/0, Su 0/8. The fact that you didn't work seven days in a row is irrelevant because you hit 40 hours of regular time at the end of the day on Friday. So the 8 hours is OT on Sunday for being over 40 hours in the week, not under the seven-day rule. It sounds like the employer thinks they can end and start a work-week any time you get a day off, which is not correct. If, however, you are somehow mistaken regarding your official work week, and since some employers put the line between weeks at Sat/Sun, then your employer would be correct.

I would tend to agree with the previous answers. If that is indeed your workweek, you should be paid time and a half for your hours on Sunday, since you already worked more than 40 hours in the workweek. Feel free to call my firm for a free consultation at (213) 201-9331.