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Q: Overtime rules in California ( No Answer,   9 Comments )
Question  
Subject: Overtime rules in California
Category: Business and Money > Employment
Asked by: thatvanguy-ga
List Price: $5.00
Posted: 03 Mar 2005 13:51 PST
Expires: 02 Apr 2005 13:51 PST
Question ID: 484254
I am working on a web-based time entry system for hourly employees. I
need to account for the overtime laws that apply in the state of
California. I have discovered that the laws are as follows:

If you work over 8 hours in a single day, it is counted as overtime.
If you work more than 40 hours in a week, it is counted as overtime.

Simple enough, right?

My question is, what if a person works the following schedule:

Mon: 10 hrs
Tue: 10 hrs
Wed: 10 hrs
Thu: 10 hrs
Fri: 10 hrs

How much overtime would this employee be entitled to? If the over 8 in
a day rule applies, then they would get 2 hours OT each day for a toal
of 10. However, they have also worked over 40 in the week, so do they
get ANOTHER 10 for a grand total of 20 overtime hours for just working
50?



I can't determine whether or not the CA overtime rules are an either/or proposition.
Answer  
There is no answer at this time.

Comments  
Subject: Re: Overtime rules in California
From: tviren-ga on 03 Mar 2005 15:34 PST
 
It Ten Hours total.  The federial F.L.S.A. Standard is 40 hours per
week regardles of the number of hours worked each day.  California has
enhanced that to also include any hours worked over eight in any given
day.
Monday   10
Turesday 10
Wedsnday 10
Thursday 10
Friday    Didn't work at all
Under FLSA he would get not overtim
under California Law he would get 8 hours overtime even though he only
worked 40 hours.
Subject: Re: Overtime rules in California
From: tviren-ga on 03 Mar 2005 15:37 PST
 
It is important to note that this law exempt many type of employment
so you should check with a qualified Human Resources Person to
determin if your employees fall under this law.  Another good source
is the Merchants and Manufacures Association
Subject: Re: Overtime rules in California
From: tar_heel_v-ga on 03 Mar 2005 16:11 PST
 
See

http://answers.google.com/answers/threadview?id=419811

and

http://answers.google.com/answers/threadview?id=420306

For information and links to CA employment law
Subject: Re: Overtime rules in California
From: thatvanguy-ga on 03 Mar 2005 20:55 PST
 
Thanks for the info, but thats the same stuff I've already found.  Can
you provide an answer (and explain the answer) to the example I
provided above?

The current law states that employees must be paid overtime when they
work over 8 in a day AND over 40 in a week. I have not found that to
be an "or" situation, therefore in my example above of five 10 hour
days, wouldnt the employee get 20 hours of overtime??

Here it is again:

Mon - 10 hrs (2 overtime)
Tue - 10 hrs (2 overtime)
Wed - 10 hrs (2 overtime)
Thu - 10 hrs (2 overtime)
Fri - 10 hrs (2 overtime)
Total: 50 hours

In this example, the employee has worked over 40 hours, so do they get
10 additional hours of overtime even though they've already been paid
for it based on the daily rule?

How about this example?

Mon - 10 hrs (2 overtime)
Tue - 10 hrs (2 overtime)
Wed - 10 hrs (2 overtime)
Thu - 8 hrs 
Fri - 8 hrs

Would that be 8 hours total overtime?
Subject: Re: Overtime rules in California
From: financeeco-ga on 04 Mar 2005 01:25 PST
 
the answer is already in other posts, but I'll put it in a different way:

RUNNINGOTTOTAL = 0
RUNNINGHOURSTOTAL = 0
'sets both values to 0 for later... ignore for now
For DAYNUMBER = 1 To 7
'uses a counter to represent each day of the week
If DAYNUMBER_hoursworked > 8 Then DAYNUMBER_dailyovertime = _
    (DAYNUMBER_hoursworked - 8)
'this calculates each DAY's overtime above 8 hours
RUNNINGOTTOTAL = (RUNNINGOTTOTAL + DAYNUMBER_dailyovertime)
'this adds the current day counter's overtime to the running OT total, which
'starts at 0
RUNNINGHOURSTOTAL = (RUNNINGHOURSTOTAL + DAYNUMBER_hoursworked)
'this adds the current day counter's total time to the running total for
'total time, which also starts at 0
Next DAYNUMBER
'loops back to the start of the FOR statment and moves the counter to the
'next day

WEEKLY_BASIS_OT = (RUNNINGHOURSTOTAL - 40)
'this calculates total excess hours for the week

UNCREDITED_OT = (WEEKLY_BASIS_OT - RUNNINGOTTOTAL)
'this removes the daily OT hours from the weekly total

If UNCREDITED_OT > 0 THEN TOTAL_OT = (UNCREDITED_OT + RUNNINGOTTOTAL)
'this adds the daily OT amounts to the 'left over' weekly amount

If UNCREDITED_OT <= 0 THEN TOTAL_OT = RUNNINGOTTOTAL
'in this case, there is no 'left over', so only the daily totals count as OT
Subject: Re: Overtime rules in California
From: financeeco-ga on 04 Mar 2005 01:29 PST
 
oops... you need to validate the line

--------------
WEEKLY_BASIS_OT = (RUNNINGHOURSTOTAL - 40)
'this calculates total excess hours for the week
--------------

to make sure you don't end up with a negative number. Add the
following (below) after the code above:

--------------
if WEEKLY_BASIS_OT <= 0 THEN WEEKLY_BASIS_OT = 0
'this will set it to zero if it calculates as less than zero
--------------


=======================================================

You also need to reverse the sign on

-----------
UNCREDITED_OT = (WEEKLY_BASIS_OT - RUNNINGOTTOTAL)
'this removes the daily OT hours from the weekly total
-----------

swap that for
------------
UNCREDITED_OT = (RUNNINGOTTOTAL - WEEKLY_BASIS_OT)
'this removes the weekly total from daily hours
--------------
Subject: Re: Overtime rules in California
From: lo_pro-ga on 18 Mar 2005 00:13 PST
 
This is the correct answer to your question.

You get overtime for over 8 hours every day (unless you have signed an
agreement to work 4 days, 10 hours per day -- often done by "graveyard
shift" workers) and you also get overtime for all hours over 40 in a
week.  However, these numbers do not aggregate; you're not going to
get a larger combined number of regular and overtime hours than there
were hours that you actually worked in the week.

So, in your question, the total is 8 hours of regular time & two hours
of OT each day, for a total of 32 regular & 8 OT hours.

For the example:  M - 10, Tu - 10, W - 10, Th - 8, Fri - 10, Sat - 3: 

M:  8 regular, 2 OT
Tu: 8 regular, 2 OT
W:  8 regular, 2 OT
Th: 8 regular
F:  2 regular, 8 OT (because at start of work Fri morning, employee
had 38 hours, so after 2 hours the rest of his time that day was OT --
it makes no difference that the last two hours are both over 8 and
also over 40)
Sat: 3 OT over 40)

For a total of: 34 regular, 17 OT

So, you get OT if you are over 8 or over 40, but being both at once is
no advantage.

Incidentally, you get double-time (2x) pay on anything over 12 hours in one day.

For those working four 10-hour shifts per week, there is a provision
of law that allows you to sign a disclaimer so that you can agree to
stay for 10 hours instead of 8 as your 'normal' shift, without your
boss having to pay you 2 hours of overtime every day.  In this case
you get OT when you work over 10 hours (but still get double-time over
12).

lo.pro
Subject: Re: Overtime rules in California
From: lo_pro-ga on 18 Mar 2005 00:15 PST
 
This is the correct answer to your question.

You get overtime for over 8 hours every day (unless you have signed an
agreement to work 4 days, 10 hours per day -- often done by "graveyard
shift" workers) and you also get overtime for all hours over 40 in a
week.  However, these numbers do not aggregate; you're not going to
get a larger combined number of regular and overtime hours than there
were hours that you actually worked in the week.

So, in your original question, the total is 8 hours of regular time &
two hours of OT for each day Mon - Thurs, for a total of 32 regular &
8 OT hours, plus 10 hours of overtime on Fri, for a total of 32
regular and 18 OT hours.

For the example:  M - 10, Tu - 10, W - 10, Th - 8, Fri - 10, Sat - 3: 

M:  8 regular, 2 OT
Tu: 8 regular, 2 OT
W:  8 regular, 2 OT
Th: 8 regular
F:  2 regular, 8 OT (because at start of work Fri morning, employee
had 38 hours, so after 2 hours the rest of his time that day was OT --
it makes no difference that the last two hours are both over 8 and
also over 40)
Sat: 3 OT over 40)

For a total of: 34 regular, 17 OT

So, you get OT if you are over 8 or over 40, but being both at once is
no advantage.

Incidentally, you get double-time (2x) pay on anything over 12 hours in one day.

For those working four 10-hour shifts per week, there is a provision
of law that allows you to sign a disclaimer so that you can agree to
stay for 10 hours instead of 8 as your 'normal' shift, without your
boss having to pay you 2 hours of overtime every day.  In this case
you get OT when you work over 10 hours (but still get double-time over
12).

lo.pro
Subject: Re: Overtime rules in California
From: lo_pro-ga on 18 Mar 2005 00:17 PST
 
(Sorry, I misread your question the first time & thought it was only
M-Th 10 hours each day.  The second response I gave is correct.)

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