Ten Hour Shifts and Overtime Pay

[playboyace35]

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?

[BOR]

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.

[Betty3]

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.

[BOR]

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

[jk]

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>

[Betty3]

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.

[aaron]

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

[playboyace35]

what is the difference between non exempt and exempt workers?

[cbg]

That depends.

If your employer has established an alternate work week under CA regs, you are not entitled to overtime since you are working 4 10 hour days and not going over 40 hours in a week.

If your employer has not established an alternate work week under CA regs, you are entitled to overtime because you are working more than 8 hours in a day.

Forget exempt and non-exempt for now. The percentage of exempt employees who can legally be paid on an hourly basis is so small it's not worth the bother. Unless you are doing something very, very high up in computers, if you're being paid hourly for a shipping company you're non-exempt.

Don't ask us if your employer has established an alternate work week. There is no possible way for us to know that for certain. It can be assumed that they have, because if they're having you work 4 10 hour days they'd be idiots not to have, but the only way to tell FOR SURE is to ask them.