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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. |
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There is no answer at this time. |
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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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