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  1. #1

    Default Overtime and Pay Schedules in California

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

    Can an employer not pay an overtime shift the regular overtime pay based on how the payroll schedule is set up?

    Let's say on a work week (sun-sat) you worked an extra shift which equals to more than 40 hours that working week but because of how payroll dates and schedule is set up the extra shift is only counted as the "5th day of work" even though it's the 6th day of the work week and adds up to more than 40 hours.

  2. #2
    Join Date
    Jan 2006
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    38,433

    Default Re: Overtime and Pay Schedules (California)

    You must be paid 1 1/2 times your regular rate for any hours over 40 in one work week. It doesnít matter if itís the second, third, fourth, fifth, sixth, or seventh work day of the week.

    california also requires the same pay rate (1 1/2) for any time worked over 8 hours in any work day.


    Of course that that doesnít apply to any occupation that is exempt or different rules may apply to.


    https://www.dir.ca.gov/dlse/faq_overtime.htm

  3. #3
    Join Date
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    Massachusetts
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    Default Re: Overtime and Pay Schedules (California)

    Just want to clarify one point because I think jk's post, while correct, could be read as meaning something that the law does not mean by someone who wants it to read that way.

    You do not get paid twice for the same overtime. You do not get paid overtime for hours over 8 in a day, and then get paid for them again as being over 40 in a week. Each hour only has to be paid ONCE.

  4. #4
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    Default Re: Overtime and Pay Schedules (California)

    Quote Quoting cbg
    View Post
    Just want to clarify one point because I think jk's post, while correct, could be read as meaning something that the law does not mean by someone who wants it to read that way.

    You do not get paid twice for the same overtime. You do not get paid overtime for hours over 8 in a day, and then get paid for them again as being over 40 in a week. Each hour only has to be paid ONCE.
    good clarification cbg. Of course I didn’t mean it that way but if you saw it might have been read that way I appreciate the addition.

  5. #5
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    Massachusetts
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    Default Re: Overtime and Pay Schedules (California)

    I know you didn't mean it that way. You know better and I know it.

    But it did seem to me that someone who wanted it to read that you could be paid twice for the same hours would be able to find justification for it.

  6. #6
    Join Date
    Apr 2019
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    14

    Default Re: Overtime and Pay Schedules (California)

    that seems to be similar to my situation, for weeks i worked 4 days of 9 hours a day, all 36 hours were paid regular rate because employer said its less than 40 hours in that given week

  7. #7
    Join Date
    Jan 2006
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    Default Re: Overtime and Pay Schedules (California)

    Well ronald4zelle

    Since we don’t know what state you are dealing with with your issue, nobody can tell you if you are being paid appropriately. I can say under federal law you be owed no overtime and in most states you wouldn’t be owed overtime

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