Need help understanding California Labor Laws dealing with Overtime Pay.

[ferrari91169]

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.

Another example would be, for instance, if I have an employee working five 12-hour shifts on Mon-Fri, how should I handle the OT? Which of these would be the correct pay?

Based on paying OT on any hours worked over 8 hours a day:

M: 8 Hours RT|4 Hours OT
T: 8 Hours RT|4 Hours OT
W: 8 Hours RT|4 Hours OT
Th: 8 Hours RT|4 Hours OT
F: 8 Hours RT|4 Hours OT

Totaling: 40 Hours RT, and 20 Hours OT

or

Based on paying OT on any hours worked over 8 hours a day, and 40 hours a week:

M: 8 Hours RT|4 Hours OT
T: 8 Hours RT|4 Hours OT
W: 8 Hours RT|4 Hours OT
Th: 4 Hours RT|8 Hours OT
F: 0 Hours RT|12 Hours OT

Totaling: 28 Hours RT, and 32 Hours OT

or

Based on paying OT on any hours worked over 40 hours a week:

M: 12 Hours RT|0 Hours OT
T: 12 Hours RT|0 Hours OT
W: 12 Hours RT|0 Hours OT
Th: 4 Hours RT|8 Hours OT
F: 0 Hours RT|12 Hours OT

Totaling: 40 Hours RT, and 20 Hours OT



Also, does the OT for anything over 40 hours a week kick in once you hit 40 regular hours, or just 40 hours in general, whether those hours come from regular pay or overtime pay. For example, if you work five 12-hour shifts, like I posted above, in the second example where I have (OT Pay for anything over 8 hours a day, and 40 hours a week), I am including the OT hours worked on Monday, Tuesday, and Wednesday, in the 40-hours a week, which causes that pay to only have 28 hours of Regular Time, and 32 hours of Overtime. Should I instead only pay Overtime (after 40 hours a week of REGULAR TIME ONLY), or is it the correct the way it is where I'm including Overtime hours worked in the 40-hours per week?


Any help is GREATLY appreciated!

Thanks!

 

[Willlyjo]

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.

Another example would be, for instance, if I have an employee working five 12-hour shifts on Mon-Fri, how should I handle the OT? Which of these would be the correct pay?

Based on paying OT on any hours worked over 8 hours a day:

M: 8 Hours RT|4 Hours OT
T: 8 Hours RT|4 Hours OT
W: 8 Hours RT|4 Hours OT
Th: 8 Hours RT|4 Hours OT
F: 8 Hours RT|4 Hours OT

Totaling: 40 Hours RT, and 20 Hours OT

or

Based on paying OT on any hours worked over 8 hours a day, and 40 hours a week:

M: 8 Hours RT|4 Hours OT
T: 8 Hours RT|4 Hours OT
W: 8 Hours RT|4 Hours OT
Th: 4 Hours RT|8 Hours OT
F: 0 Hours RT|12 Hours OT

Totaling: 28 Hours RT, and 32 Hours OT

or

Based on paying OT on any hours worked over 40 hours a week:

M: 12 Hours RT|0 Hours OT
T: 12 Hours RT|0 Hours OT
W: 12 Hours RT|0 Hours OT
Th: 4 Hours RT|8 Hours OT
F: 0 Hours RT|12 Hours OT

Totaling: 40 Hours RT, and 20 Hours OT



Also, does the OT for anything over 40 hours a week kick in once you hit 40 regular hours, or just 40 hours in general, whether those hours come from regular pay or overtime pay. For example, if you work five 12-hour shifts, like I posted above, in the second example where I have (OT Pay for anything over 8 hours a day, and 40 hours a week), I am including the OT hours worked on Monday, Tuesday, and Wednesday, in the 40-hours a week, which causes that pay to only have 28 hours of Regular Time, and 32 hours of Overtime. Should I instead only pay Overtime (after 40 hours a week of REGULAR TIME ONLY), or is it the correct the way it is where I'm including Overtime hours worked in the 40-hours per week?


Any help is GREATLY appreciated!

Thanks!

Let's simplify this! Lets say your employee works 8 hours a day for 5 days, M--F and then another 6 hours on Saturday. You would pay your employee straight time for the 40 hours worked from M--F and then time and a half for the 6 hours worked on Saturday.

Any hours worked in excess of 40 is overtime. If your employee only worked 20 hours a week but 10 of those hours were worked on one day, then you owe 2 hours overtime pay.

If your employee works 13 hours in a given day, you would owe him 4 hours at time and a half and 1 hour double time, since all hours worked in excess of 12 in a day must be paid double time.

If your employee works 7 days (8 hours per day) you would have to pay them 8 hours at time and a half and 8 hours double time for working a seventh day in the week. Hope that clears things up for you.

 

[cbg]

In no state, including CA, do you get paid overtime on the same hours twice.

CA law requires that OT be paid based on 8 hours a day. It also requires that OT be paid based on 40 hours a week. The employer does not get to choose one or the other, but he also does not have to pay twice on the same hours.

If you work 7 hours a day for 6 days, that totals 42 hours and you get paid OT for two hours - for being over 40 hours.

If you work 9 hours a day for 5 days, that totals 45 hours and you get paid OT for five hours - for being over 8 hours in a day. But you would not get paid AGAIN for being over 40 in a week.

 

[Willlyjo]

In no state, including CA, do you get paid overtime on the same hours twice.

CA law requires that OT be paid based on 8 hours a day. It also requires that OT be paid based on 40 hours a week. The employer does not get to choose one or the other, but he also does not have to pay twice on the same hours.

If you work 7 hours a day for 6 days, that totals 42 hours and you get paid OT for two hours - for being over 40 hours.

If you work 9 hours a day for 5 days, that totals 45 hours and you get paid OT for five hours - for being over 8 hours in a day. But you would not get paid AGAIN for being over 40 in a week.

Hmmm...I thought my post made everything you said in your post clear.

 

[Mnemosyne]

Wrong. In CA, an employee working 7 days straight must receive overtime pay for the first 8 hours on the 7th day; double time would kick in only after the 8th hour on the 7th day.

If your employee works 7 days (8 hours per day) you would have to pay them 8 hours at time and a half and 8 hours double time for working a seventh day in the week.

 

[Willlyjo]

Wrong. In CA, an employee working 7 days straight must receive overtime pay for the first 8 hours on the 7th day; double time would kick in only after the 8th hour on the 7th day.

Thanks for correcting me! I might add that many employers do, in fact pay double time from the 1st hour worked on a seventh day as long as the employee worked 40 hours or more the first 5 days of the week and 8 hours or more on Saturday.