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Q: overtime pay ( Answered,   2 Comments )
Question  
Subject: overtime pay
Category: Miscellaneous
Asked by: gilbertdanielsammy-ga
List Price: $2.00
Posted: 25 Aug 2005 14:22 PDT
Expires: 24 Sep 2005 14:22 PDT
Question ID: 560482
I work Tuesday 10hours Wednesday 10hours Thursday 10hours and Friday
8hours, should I receive overtime pay for the 3 days I worked over 8
hours?

Request for Question Clarification by cynthia-ga on 25 Aug 2005 14:41 PDT
It depends on the labor regulations in your location.

For instance, some states in the US require overtime pay if a person
works over 8 hours in one day, other locations require overtime only
if the employee works over 40 hours total in one week.

Are you in the US?  If so, what state?

~~Cynthia

Clarification of Question by gilbertdanielsammy-ga on 25 Aug 2005 14:48 PDT
I live in Hesperia California, work Tues,Wed,Thurs 10 hours and on
Friday 8 hours. Should I receive overtime pay for the 3 days?
Answer  
Subject: Re: overtime pay
Answered By: nenna-ga on 26 Aug 2005 19:36 PDT
 
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. "

Source:
( http://www.leginfo.ca.gov/cgi-bin/displaycode?section=lab&group=00001-01000&file=500-558
)

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!

Nenna-GA
Google Researcher

Google Search Term:

California Employment Laws
( ://www.google.com/search?hl=en&lr=&safe=off&c2coff=1&q=CA+Employment+law&btnG=Search
)
Comments  
Subject: Re: overtime pay
From: askcaroline-ga on 25 Aug 2005 15:32 PDT
 
In California specifically the general overtime provision are that any
non-exempt employee 18 or over must receive overtime pay for any work
in excess of 8 hours in a work day or 40 hours in a work week.

However, there are exemptions and exception that may apply depending
on the classification of employees you are in. Your classification is
generally related to the type of work you perform.

~caroline
Subject: Re: overtime pay
From: flylaputa-ga on 01 Sep 2005 02:24 PDT
 
From your answer "Any work in excess of eight hours in one
workday...", it should be clear that gilbertdanielsammy should be
compensated for the 2 hours of over time for the three days at one and
a half times the regular pay.

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