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  1. #1
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    Apr 2011
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    Default California Overtime Laws

    are CA overtime laws both over 8 hrs a day AND... over 40 hours a week? I work for a national company based on Boston MASS. they employ people all over the U.S. I work and live in CALIFORNIA. Right now they are only paying OT for over 8 hours a day. But the CA Labor website says that OT should be paid over 8 hrs a day AND....also over 40 hrs a week. ( both )
    It also says that the Federal Law is over 8 hrs a day but that CA state law is both over 8 hrs and 40 hrs. So if I happpen to work MON- FRI- 10 hrs each day, they are currently paying me for 2 OT hrs. each day. instead... I think they should be paying me 2 OT hrs each day and then also the entire day on Friday should be OT, is this right???
    The HR lady said there system is set up to pay OT for over 8 hrs a day only. Also.. if they are in fact doing it wrong, should I ask for retroactive pay, or just ask them to change ir from here on out?

  2. #2
    Join Date
    Jan 2006
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    Default Re: California Overtime Laws

    In California, the general overtime provisions are that a nonexempt employee 18 years of age or older, or any minor employee 16 or 17 years of age who is not required by law to attend school and is not otherwise prohibited by law from engaging in the subject work, 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. Eight hours of labor constitutes a day's work, and employment beyond eight hours in any workday or more than six days in any workweek is permissible provided the employee is compensated for the overtime at not less than:
    If you work 10 hours per day for 5 days and are paid 10 hours overtime, you are getting overtime for any hours over 40.

  3. #3
    Join Date
    Apr 2011
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    16

    Default Re: California Overtime Laws

    If I work 50 hrs that week like stated 10 each day, then I should have 18 hours of OT. because the CA labor website says that it should be paid for hours worked over 8 per day and also over 40 per week. They cannot deicde to pay me one or the other, it should be BOTH... Are you familiar with CA OT laws.? Am I explaining myself correctly?

  4. #4
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    Default Re: California Overtime Laws

    Quote Quoting ABC77
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    If I work 50 hrs that week like stated 10 each day, then I should have 18 hours of OT. because the CA labor website says that it should be paid for hours worked over 8 per day and also over 40 per week. They cannot deicde to pay me one or the other, it should be BOTH... Are you familiar with CA OT laws.? Am I explaining myself correctly?
    You are explaining yourself just fine. It's just that you are not understanding how the system works. If you believed you already knew the answer, why bother asking?

    here is an opinion letter from the state describing your exact situation


    http://www.dir.ca.gov/dlse/opinions/2000-01-19.pdf

    So, exactly as the letter, and I, stated, you are due 10 hours overtime. That's it.

  5. #5
    Join Date
    Dec 2007
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    2,357

    Default Re: California Overtime Laws

    Agree 100% with jk. I have managed the payroll function for a number of companies with large employee populations in California, so I know whereof I speak.

    Once an hour in counted as overtime for a workDAY, it is excluded from the calculation for the workWEEK. In other words, each hour must only be considered ONCE. In more other words, your "understanding" of the law is wrong.

  6. #6
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    Apr 2011
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    16

    Default Re: California Overtime Laws

    Ok I understand that answer very well. I did not know the OT hours are excluded once calculated....ok so what if I happen to work 6 days a week - 8 hrs a day, = total 48 hours. Would the last day be OT.?

  7. #7
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    Default Re: California Overtime Laws

    Quote Quoting ABC77
    View Post
    Ok I understand that answer very well. I did not know the OT hours are excluded once calculated....ok so what if I happen to work 6 days a week - 8 hrs a day, = total 48 hours. Would the last day be OT.?
    any hours in excess of 40 in a week must be paid at 1 1/2 times normal rate. So, effectively, yes, Saturday hours would all be earning you OT rate. In reality, none of the days would be overtime but rather, once hours are calculated, any hours over 40 must be paid at OT rate. It just happens that the work on Saturday is what causes your total to be over 40 hours for the week.

  8. #8
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    Apr 2011
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    16

    Default Re: California Overtime Laws

    thats you so much for your help to clarify for me... now i just need helo with the travel issue.... not receiveing any mileage pay even thougth I drive 1000 miles per week. ??

  9. #9
    Join Date
    Dec 2007
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    2,357

    Default Re: California Overtime Laws

    By "mileage pay", do you mean mileage reimbursement or travel time pay?

  10. #10
    Join Date
    Apr 2011
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    1

    Default Re: California Overtime Laws

    I have a question for you guys, I just started a new job a few weeks ago and it seems they will do anything to avoid paying for anything possible.
    I was told by a few guys that they where not paid OT for working over 8 hrs, say they started at 8pm and worked until 6 am or 9 am the next morning they arent being paid OT or double time. The company says that it isnt OT since it was actually another day after 12am. I have worked for other places and never heard this bs, I have always assumed since it was in the same shift it was OT. Was I just lucky that other places paid me for it or is this new place in a world of hurt if they try to short me ? If someone can link something for me to point out that would be great.

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