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  1. #1
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    Aug 2007
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    Default Ten Hour Shifts and Overtime Pay

    Hi, I work for this private leather shipping company in California. I get paid hourly. I work 4 days a week and 10 hours a day, however, I do not recieve any overtime. Is this legal for them to not pay me overtime since im working more than 8 hours a day?

  2. #2
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    Aug 2007
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    3,837

    Default Re: Overtime Question

    Quote Quoting playboyace35
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    Hi, I work for this private leather shipping company in California. I get paid hourly. I work 4 days a week and 10 hours a day, however, I do not recieve any overtime. Is this legal for them to not pay me overtime since im working more than 8 hours a day?

    Under federal law, I believe, OT is only required when the WEEKLY hours exceed 40, it makes no difference how many hours the DAY consists of.

    I doubt if CA OT law allows such either. In some cases also, an employer's gross yearly revenue may exempt them from paying overtime.

  3. #3
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
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    Default Re: Ten Hour Shifts and Overtime Pay

    Hours worked in excess of 8 in a day or 40 in a wk. & the 1st 8 hrs. worked on the 7th day of work must be paid at the rate of not less than 1 1/2 times the regular rate of pay. Hours worked in excess of 12 in one day as well as hrs. worked in excess of 8 on any 7th day of a workweek must be compensated at the rate of not less than twice the regular rate of pay. (This info would not apply when working an alternative workweek.)
    (Once an hr. has been counted as a daily OT hr., it is not eligible toward weekly OT.)
    P.S. Info above re overtime pay would not apply to an exempt employee. If you are a non-exempt employee, you should be getting paid overtime for the hrs. you work over 8 in a day.
    Ca. OT laws.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around.

  4. #4
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    Aug 2007
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    Default Re: Ten Hour Shifts and Overtime Pay

    Hi Bette. I guess CA DOES permit OT over 8 hours a day. From what I can gather, this was changed in 1998.


    http://www.dir.ca.gov/dlse/FAQ_Overtime.htm

  5. #5
    Join Date
    Jan 2006
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    27,021

    Default Re: Ten Hour Shifts and Overtime Pay

    actually a bit more research will allow one to find that there are exceptions to overtime after 8 if the company has adopted an alternative workweek schedule

    alternative workweek schedule
    Any regularly scheduled workweek requiring an employee to work more than eight hours in a 24-hour period.
    10 hour days are not overtime given this exception.

    To be sure if this applies to you, I would suggest calling the california department of Labor but I believe it does apply.</B>

  6. #6
    Join Date
    Aug 2007
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    10

    Default Re: Question regarding legal time between shifts

    Assuming no exemptions to overtime pay apply, this guide outlines California overtime pay.

    The definition of a workday is as follows:
    Quote Quoting California Workday
    Any consecutive 24-hour period beginning at the same time each calendar day. The workday may begin at any time of day. The beginning of an employee's workday need not coincide with the beginning of that employee's shift, and an employer may establish different workdays for different employees. Once a workday is established, it may not be changed unless the change is intended to be permanent and is not designed to evade the employer's overtime obligation.
    In a nutshell what does that mean? Do I have to find out if I am either exempt or nonexempt? I'm so lost.

  7. #7
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    Mar 2005
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    Michigan
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    28,625

    Default Re: Ten Hour Shifts and Overtime Pay

    If you work more than 40 hours, do you get overtime? If so, you are not exempt.

  8. #8
    Join Date
    Apr 2007
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    Il.(near StL,Mo.)
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    Default Re: Ten Hour Shifts and Overtime Pay

    Quote Quoting jk
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    actually a bit more research will allow one to find that there are exceptions to overtime after 8 if the company has adopted an alternative workweek schedule
    I said that in my post.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around.

  9. #9
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    Apr 2007
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    Il.(near StL,Mo.)
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    Default Re: Ten Hour Shifts and Overtime Pay

    In Ca. a non-exempt employee can get overtime for over 8 hrs. in a day OR over 40 hrs. in a week etc. (unless working an alternative work week) -see my 1st post for complete info. Ca. is a state that has a daily overtime rule after 8 hrs.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around.

  10. #10
    Join Date
    Jan 2006
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    27,021

    Default Re: Ten Hour Shifts and Overtime Pay

    Quote Quoting Betty3
    View Post
    I said that in my post.
    yes you did and I actually overlooked that statement BUT it would appear that is applicable in this situation and you didn't flesh it out to the point that the OP understood that he is not eligible for overtime.

    It does appear his schedule would be an alternative schedule (at least by the info given) and that section that has been brushed over would apply.

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