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Overtime Calculation for a Non-Exempt on an Alternative Schedule

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  • 06-13-2015, 12:36 PM
    Shaun123
    Overtime Calculation for a Non-Exempt on an Alternative Schedule
    Background
    I am a Non-Exempt Intern at an Engineering Firm in California. I earn $20/hour.

    Regular business hours are as follows: 7:00am to 5:00pm (12:00pm-1:00pm lunch) Monday-Thurs, and 8:00am-12:00pm Fridays.
    This means I WORK for 9 hours Mon-Thurs, and 4 hours on Fri. A total of 40hrs/week worked.
    My last paycheck was as you would think. 40hrs x $20 = Earnings of $800 for the week.

    So if I am not mistaken, my firm has adopted an Alternative Work Week, which leaves me unclear in understanding how overtime will be calculated for this type of work week.

    Question for You
    This past week is when I had to but in some major overtime. This is how my work week looked:
    ----------------------------------------------------------------------------
    Monday
    Time In: 7:00am
    Lunch In: 12:00pm
    Lunch Out: 1:00pm
    Time Out: 5:00pm
    Total hours worked = 9

    Tuesday
    Time In: 7:00am
    Lunch In: 12:00pm
    Lunch Out: 1:00pm
    Time Out: 5:15pm
    Total hours worked = 9.25

    Wednesday
    Time In: 7:00am
    Lunch In: 12:00pm
    Lunch Out: 1:00pm
    Time Out: 5:30pm
    Total hours worked = 9.5

    Thursday (This is where it begins to get crazy with a deadline we had to make. We all stayed until the AM to finish)
    Time In: 7:00am
    Lunch In: 12:00pm
    Lunch Out: 1:00pm
    Time Out: 3:15am (A concern of mine is does "the day" start at 12:00am? Or does "the day" start when the work day starts at 7:00am)
    Total hours worked = 19.25

    Friday
    Time In: 8:00am
    Time Out: 12:00pm
    Total hours worked = 4

    Total hours worked for the week = 51
    ----------------------------------------------------------------------------
    Can someone help clarify my overtime compensation for me. There is much going on here. My lack of knowledge on alternative work weeks is adding to my confusion, as well as if a new day starts at 12:00am or 7:00am.
  • 06-13-2015, 01:11 PM
    L-1
    Re: Overtime Calculation (Non-Exempt on Alternative Schedule - Had a 20hr Work Day)
    OK, let’s start with your workday. “Workday” is defined in the Industrial Welfare Commission Orders and Labor Code § 500 for the purpose of determining when daily overtime is due. A workday is a consecutive 24-hour period beginning at the same time each calendar day, but it 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 shifts. However, once a workday is established it may be changed only if the change is intended to be permanent and the change is not designed to evade overtime obligations. Daily overtime is due based on the hours worked in any given workday; and the averaging of hours over two or more workdays is not allowed.

    Now as far as hours - Ordinarily, the hours to be used in computing the regular rate of pay may not exceed the legal maximum regular hours which, in most cases, is 8 hours per workday, 40 hours per workweek. This maximum may also be affected by the number of days one works in a workweek. It is important to determine what maximum is legal in each case. The alternate method of scheduling and computing overtime under most Industrial Welfare Commission Wage Orders, based on an alternative workweek schedule of four 10-hour days or three 12-hour days does not affect the regular rate of pay, which in this case also would be computed on the basis of 40 hours per workweek. So, because you are on an alternate work schedule you should be looking at overtime for anything over 40 hours rather than anything over an 8 hour schedule.
  • 06-13-2015, 01:27 PM
    Shaun123
    Re: Overtime Calculation (Non-Exempt on Alternative Schedule - Had a 20hr Work Day)
    Quote:

    Quoting L-1
    View Post
    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 shifts.

    So, because you are on an alternate work schedule you should be looking at overtime for anything over 40 hours rather than anything over an 8 hour schedule.

    1) So do I need to ask my employer to see when they consider a "workday" to begin?

    2) On Thursday/Friday I worked for nearly 20 hours straight. Even on an alternative work week, is there a point where double overtime needs to be factored in? I keep reading that on an alternative work week, over 10 hours worked requires overtime. But at what hour would double overtime occur?
  • 06-13-2015, 03:05 PM
    L-1
    Re: Overtime Calculation (Non-Exempt on Alternative Schedule - Had a 20hr Work Day)
    Because you are on an alternate work week, the rules for overtime get complicated. Go here for the state's explanation of how it works:

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