Posted: Mon Apr 28, 2008 7:23 pm Post subject: CA - Double Time after 60 hours?
Hi all,
Is there an exisiting law stating that an employer is required to pay Double Time to a California employee who has worked in excess of 60 hours in the workweek?
Im aware of the follow laws:
Hourly workers working more than 8 hours in a work day must be paid mandatory overtime pay for all hours over 8 hours. Additionally, workers working more than 12 hours must be paid double time. Workers working 7 days straight in a single work week must be paid overtime for their first 8 hours on the 7th day, and double time after 8 hours.
Posted: Tue Apr 29, 2008 7:46 am Post subject: California - overtime rules
Welcome to the PayPerShop Forum and thank you for posting your question.
The California Department of Industrial Relations provided in some detail the state overtime rules at http://www.dir.ca.gov/dlse/FAQ_Overtime.htm. The following is an extract:
Quote:
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:
1. One and one-half times the employee's regular rate or pay for all hours worked in excess of eight hours up to and including 12 hours in any workday, and for the first eight hours worked on the seventh consecutive day of work in a workweek; and
2. Double the employee's regular rate or pay for all hours worked in excess of 12 hours in any workday and for all hours worked in excess of eight on the seventh consecutive day of work in a workweek.
There are, however, a number of exemptions from the overtime law. An "exemption" means that the overtime law does not apply to a particular classification of employees. There are also a number of exceptions to the general overtime law stated above. An "exception" means that overtime is paid to a certain classification of employees on a basis that differs from that stated above.
So, your understanding of the rules is correct - they relate to the number of hours worked on each day, not directly to a weekly threshold of 60 hours. Overtime is due when an employee works more than 8 hours on any day, or more than 40 hours in any workweek.
Therefore, if my understanding of these rules is correct, an employee working 5 twelve-hour days (60 hours) would get 20 hours paid at time and a half, but nothing at double time. But, if there were 3 fourteen-hour days and 2 nine-hour days (also 60 hours), 14 hours would be paid at time and a half, and 6 at double time. An employee working 6 six-hour days, followed by 10 hours on the seventh day (46 hours) would get no overtime for the six days, but 8 hours at time and half, plus 2 hours at double time, for the work on the seventh day. _________________ Ian Congreave, PayPerShop owner
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