Is Overtime Based on the Work Day or Work Week
My question involves employment and labor law for the state of: I'm a college student who is currently working part time. I have school on MWF and work about 4 hours on those days, but on Tuesday/Thursday sometimes I had to work more than 8 hours a day because I was asked to stay and help. BUT overall I work less than 40 hours per workweek (Monday - Friday only). Am I entitled to overtime for just that 1 day that I work over 8 hours?
Re: Overtime Pay for 8+ Hr Workday, but Less Than 40 Hours Workweek
We ask for your state for a reason.
in 47 out of 50 states plus the District of Columbia, the answer would be no. Under Federal law and the laws of most states, overtime is ONLY due when you work more than 40 hours a week, no matter how many hours you work in a day. 3 and only 3 states requires OT if you work over 8 hours in a day.
So since you didn't see fit to answer the question about where you are, that's all I can tell you.
Re: Overtime Pay for 8+ Hr Workday, but Less Than 40 Hours Workweek
My mistake, I totally missed that part of the question. I'm in the state of California. I read on www.dir.ca.gov that states " [an employee] shall not be employed more than eight hours in any workday or more than 40 hours in any workweek unless he or she receives one and one-half times his or her regular rate of pay for all hours worked over eight hours in any workday and over 40 hours in the workweek."
so is it if I work more than 8 hrs per workday AND/OR more than 40 hours a workweek I should get overtime paid?
Link: http://www.dir.ca.gov/dlse/FAQ_Overtime.htm