Legal Question in Legal Malpractice in California

OT - Meaning of Work Week

Issue is whether 7 straight days ( 56hrs )worked, over two ''workweeks'' qualifies for CA ( LA ) overtime?

My employer's workweek is defined in our employee manual as being Sunday-Sat.. I worked Wed/Thu/Fri/Sat/Sun/Mon/Tue..

Employer says no OT. Wed-Sun =40hrs staright time , and Mon Tu is a different workweek = straight time. They are not looked together.

Is that right?


Asked on 4/20/05, 10:32 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: OT - Meaning of Work Week

starting with day one of the WORKWEEK, OT is payable at time and a half for anything over 8 hours, and double time for anything over 12 hours, per day for the first five days worked. The sixth and seventh days are at time and a half up to 8, then double time therafter. Day eight is the start of a new WORKWEEK.

In your case, you worked four WORK days [Wed-Sat] the first week, the rest the second week, all at straight time. The employer is wrong about the days in the week, as you quoted him, but still correct it is straight time.

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Answered on 4/27/05, 5:49 pm


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