Good evening gilbertdanielsammy and thank you for your question!
According to California Labor Code, Section 510:
"(a) Eight hours of labor constitutes a day's work. Any work in
excess of eight hours in one workday and any work in excess of 40
hours in any one workweek and the first eight hours worked on the
seventh day of work in any one workweek shall be compensated at the
rate of no less than one and one-half times the regular rate of pay
for an employee. Any work in excess of 12 hours in one day shall be
compensated at the rate of no less than twice the regular rate of pay
for an employee. In addition, any work in excess of eight hours on
any seventh day of a workweek shall be compensated at the rate of no
less than twice the regular rate of pay of an employee. "
You stated you work a total of 38 hours a week. If I understand this
correctly, 40 hours in one week is considered a normal work week. The
first 8 hours worked OVER the normal 40 hours, you would receive pay
equal to one and a half times your normal pay rate for those hours
worked above and beyond the 40 hours. For instance, if you worked 42
hours, you would receive 1 1/2 times your pay for those two hours.
Additionally, if you worked over 12 hours in a one day period (8 hours
being a normal work day), you would be paid twice the amount you
normally make for the hours worked above and beyond the 12.
On the three days you work 10 hours, you would not receive time and a
half as your 4th day worked (8 hours) does not put you beyond 40 hours
for the week.
Again, this is my understanding. If you still have questions, please
browse a list of CA Employee Side Employment Law Firms at:
( http://www.elinfonet.com/listings/5/3/1 )
I hope this answers your question. If you would like clarification
before rating my answer, please do not hesitate to ask!
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