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Need help understanding California Labor Laws dealing with Overtime Pay.?

  • Just wondering how exactly you would go about paying an employee for Overtime based on the California Labor Laws. I have read both, "California labor law requires that overtime be paid after 8 hours in a day AND 40 hours in a a week." and also "California labor law requires that overtime be paid after 8 hours in a day OR 40 hours in a a week." The difference between the two, of course, being the conjunction used (And/Or). Which is the correct statement based on current California Labor Laws? I'm wondering how I would pay out Overtime to an employee with this schedule for a week's time. Sun - 8 Hours Mon - 8 Hours Tue - 11 Hours Wed - 12 Hours Thurs - 12 Hours Fri - 12 Hours Sat - 11 Hours I'm thinking it would look something like this: *RT = Regular Time; *OT = Overtime S: 8 (RT) M: 8 (RT) T: 8 (RT), and 3 (OT) W: 8 (RT), and 4 (OT) Th: 1 (RT), and 11 (OT) F: 12 (OT) Sa: 11 (OT) With the final values being 33 hours of Regular Pay, and 41 hours of Overtime Pay. Is that correct? Or is the 40 hours a week, based on regular pay, in which case it would look like this: S: 8 (RT) M: 8 (RT) T: 8 (RT), and 3 (OT) W: 8 (RT), and 4 (OT) Th: 8 (RT), and 4 (OT) F: 12 (OT) Sa: 11 (OT) With the result being 40 hours of Regular Pay, and 34 hours of Overtime Pay. Or of course, if the correct law is with the "OR" in place, meaning the employer would choose to either pay Overtime for anything over 40 hours OR anything over 8 hours a day, then the OT would instead be either 17 Hours, or 34 Hours, depending on which way I decide to go. Any help is GREATLY appreciated! Thanks!

  • Answer:

    Your second scenario is correct with the exception that on the seventh day of the week (sat) 3 hours of that is double time You would pay: 33 hrs at reg pay 38 hrs at 1&1/2 pay 3 hrs at double time The employer does NOT decide either or the law is OT after 8 hours in a day DT after 12 in a day and Once 40 hours are worked in the week (at any rate) then OT is due, on the seventh day of the work week any/all hours are OT and any/all over 8 are DT...... see: http://www.dir.ca.gov/dlse/FAQ_Overtime.htm you have misread the law actually what it says is an employee is NOT to be worked more then 8 hours a day or 40 hours a week and if they do work more then that they must be paid overtime for the hours over 8 in a day and if the work over 40 in a week they must also be paid overtime for that the and/or you have asked about is just stating that overtime is paid in either or both occasions, depending on how and when the employee works EDIT: 'lcr000' usually does a much better job with answers, this time she/he is 100% wrong.

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the ot would be over 40 hours, daily OT only applies if you fail to reach 40 hours in a work week, however aqs you have a few days of 10 or more hours you are required to be paid Double time for anything over ten hours in a day.

lcr000

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