Results 1 to 6 of 6
  1. #1
    Join Date
    Apr 2017
    Posts
    12

    Default How is Overtime Calculated in California

    My question involves labor and employment law for the state of: California

    I'm not an HR person, so I'm struggling with some concepts regarding California overtime calculation.

    I understand O/T is anything over 8 hours in a day or 40 hours in a week. Doubletime is anything over 12 hours is a day. First 8 hours worked on a 7th consecutive day are O/T, anything over that is doubletime.

    What happens when you throw a holiday or vacation day into the mix? Do those hours count as hours worked for O/T calculations? Our workweek is Monday-Sunday. If Monday is a holiday, then the whole 7th consecutive day thing goes away if the person works the following Sunday, correct? If a person then works Tues-Saturday, 8 hours per day, I assume there's no O/T.

    If anyone can shed any light on this for me, I would appreciate the help.

    Thanks.

  2. #2
    Join Date
    Oct 2016
    Posts
    4,118

    Default Re: How is Overtime Calculated in California

    Days not actually worked don't count towards OT requirements nor do they count towards consecutive days work.

    Tues-Sat 8 hours each day would be 40 hours at your regular rate.

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: How is Overtime Calculated in California

    It also matters whether you are in the public or private sector, whether you might be a salaried or exempt employee, and whether these issues are also governed by an MOU/Contract.

    Have you asked your own HR folks how they work it out?
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,443

    Default Re: How is Overtime Calculated in California

    I speak for private employment only.

    In no state does the law require hours paid but not worked to be used in calculating overtime. OT is based, in all 50 states, on hours WORKED. Vacations, holidays, sick time, personal time, hours paid but not worked of any kind, do NOT count under the law for OT purposes. A union or other contract might; the law does not.

  5. #5
    Join Date
    Apr 2017
    Posts
    12

    Default Re: How is Overtime Calculated in California

    It's as I expected.

    Private company, salaried non-exempt employees for the question above.

    Thanks for the responses.

  6. #6
    Join Date
    Nov 2015
    Location
    47.606 N 122.332 W in body, still at 90 S in my mind.
    Posts
    1,633

    Default Re: How is Overtime Calculated in California

    Wow! Given how many days I work over 8 hours I wish I was in California!
    "Where do those stairs go?"
    "They go up!"

    1. Sponsored Links
       

Similar Threads

  1. Compensation and Overtime: How is Overtime Calculated for an Alternative Workweek for Healthcare Workers
    By tfctvonnie in forum Employment and Labor
    Replies: 2
    Last Post: 12-29-2017, 11:51 PM
  2. Compensation and Overtime: How is Overtime Properly Calculated
    By Casas777 in forum Employment and Labor
    Replies: 2
    Last Post: 06-23-2017, 07:01 AM
  3. Spousal Support and Alimony: How is Spousal Support Calculated for a Divorce in California
    By AllyPerz in forum Divorce, Annulment and Separation
    Replies: 4
    Last Post: 02-24-2017, 11:39 AM
  4. Compensation and Overtime: How is Overtime Pay Calculated if You Work Seven Days Per Week
    By lawfacts in forum Employment and Labor
    Replies: 1
    Last Post: 01-03-2017, 09:59 PM
  5. Compensation and Overtime: How is Overtime Calculated
    By OneQuick in forum Employment and Labor
    Replies: 11
    Last Post: 06-18-2014, 07:04 PM
 
 
Sponsored Links

Legal Help, Information and Resources