Overtime pay

[AEGee]

California
After working a 5 (12 HR) day work week with 8 regular and 4 OT each day, then working the 6th day for another 12 hours, is it paid at 1.5 first 8 hours then DD last 4 hours?

 

[Zigner]

Nope, just 1.5

https://www.dir.ca.gov/dlse/faq_overtime.htm

In California, the general overtime provisions are that a nonexempt employee 18 years of age or older, or any minor employee 16 or 17 years of age who is not required by law to attend school and is not otherwise prohibited by law from engaging in the subject work, shall not be employed more than eight hours in any workday or more than 40 hours in any workweek unless he or she receives one and one-half times his or her regular rate of pay for all hours worked over eight hours in any workday and over 40 hours in the workweek. Eight hours of labor constitutes a day's work, and employment beyond eight hours in any workday or more than six days in any workweek requires the employee to be compensated for the overtime at not less than:

1. One and one-half times the employee's regular rate of pay for all hours worked in excess of eight hours up to and including 12 hours in any workday, and for the first eight hours worked on the seventh consecutive day of work in a workweek; and
2. Double the employee's regular rate of pay for all hours worked in excess of 12 hours in any workday and for all hours worked in excess of eight on the seventh consecutive day of work in a workweek.

 

[FlyingRon]

To interpret the law (as Zig) impressed. Lets assume we start the workweek on Monday.
Monday: 8 straight + 4 time-and-a-half. (more than 8 hours in a day)
Tuesday: 8 straight + 4 time-and-a-half (same)
Wednesday: 8 straight + 4 time-and-a-half (same)
Thursday: 4 straight + 8 time-and-a-half (now over 40 hours)
Friday: 12 time-and-a-half.
Saturday: 12 time-and-a-half.

There's no provision for more pay up just because you have two or perhaps three things that move you into time-and-a-half territory.

You don't get double time until you work more than 12 hours in a day or you work more than 8 hours on the seventh day.

 

[AEGee]

Thank you so much, this clears up a lot of misunderstandings. Much appreciated.

 

[AEGee]

Is this pyramiding pay? Only hours worked at straight-time apply to the weekly 40-hour limit. This prevents "pyramiding" of overtime, where an employee earns overtime on top of overtime already paid. I was adjusting the payroll and was getting less straight hours worked and many more overtime hours to be paid. Still confusing.

 

[Zigner]

Is this pyramiding pay? Only hours worked at straight-time apply to the weekly 40-hour limit. This prevents "pyramiding" of overtime, where an employee earns overtime on top of overtime already paid. I was adjusting the payroll and was getting less straight hours worked and many more overtime hours to be paid. Still confusing.

Huh?
Re-read FlyingRon's post - it's pretty clear there.

 

[LdiJ]

To interpret the law (as Zig) impressed. Lets assume we start the workweek on Monday.
Monday: 8 straight + 4 time-and-a-half. (more than 8 hours in a day)
Tuesday: 8 straight + 4 time-and-a-half (same)
Wednesday: 8 straight + 4 time-and-a-half (same)
Thursday: 4 straight + 8 time-and-a-half (now over 40 hours)
Friday: 12 time-and-a-half.
Saturday: 12 time-and-a-half.

There's no provision for more pay up just because you have two or perhaps three things that move you into time-and-a-half territory.

You don't get double time until you work more than 12 hours in a day or you work more than 8 hours on the seventh day.

So, no double time until 80 hours have been worked? 6 days x 12 = 72 plus 8 hours on the 7th day? I am just asking, for clarification, not arguing or disputing.

 

[Zigner]

So, no double time until 80 hours have been worked? 6 days x 12 = 72 plus 8 hours on the 7th day? I am just asking, for clarification, not arguing or disputing.

If the employee works over 12 hours in a day, they are entitled to double-time, or any time they work on the seventh consecutive day is also double time. What that means is that if an employee works 4 hours per day for 7 days, 4 of those hours would have to be paid at double time, but the remaining hours would be straight-time.

 

[cbg]

Just to be sure it's clear, there are no circumstances in any state, including CA, where pyramiding is required. Once an hour has been paid on an overtime basis, that's it; no matter how many reasons there might be to pay it.

 

[FlyingRon]

Not all time on the seventh day, the first eight hours only earn time-and-a-half. Double time kicks in at eight hours (unlike the other days where it kicks in at 12).

 

[Zigner]

Not all time on the seventh day, the first eight hours only earn time-and-a-half. Double time kicks in at eight hours (unlike the other days where it kicks in at 12).

I stand corrected. Well, I'm actually sitting - I don't have one of them fancy stand-up desks...