Legal Question in Employment Law in California

Get paid double time after 3 months w/out day off?

Hello everyone,

Just wanted to know if an employeer is requiered to pay double time or time and half when an employee works more than 7 days without a day off?

I just worked 3 months in a row without a day off and I was wondering if I am entitled to some missing wages.

Thanks in advance for any help


Asked on 2/17/05, 6:29 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Get paid double time after 3 months w/out day off?

Unless you are a salaried employee, you are entitled to a substantial OT payment. We would be happy to help you in that claim and at the hearings involved. Contact me to discuss the facts.

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Answered on 2/21/05, 1:43 pm
JEB Pickett Wynne Law Firm

Re: Get paid double time after 3 months w/out day off?

California law requires that employers pay overtime at the rate of one and one-half times the employee's regular rate of pay for all hours worked in excess of eight up to an including 12 hours in any workday, for any hours worked over 40 in a week and for the first eight hours of work on the seventh consecutive day of work in a workweek, and double the employee's regular rate of pay for all hours worked in excess of 12 in any workday and for all hours worked in excess of eight on the seventh consecutive day of work in a workweek.

If you worked 8 hours per day, you would be entitled to OT pay for all hours over 40 in a week, which would start on your sixth day.

If you worked more than 8 hours in a day, you are entitled to OT for all time over 8 per day, each day, and/or over 40 hours in a week.

If you would like to discuss your potential recovery rights as well as the various avenues of recovery available (through either the Courts or the DLSE), please contact me at (800) 447-5549.

Disclaimer: The materials and content provided at or through this web site or the www.righettilaw.com website are for general informational purposes only and should not be relied on or considered as legal advice. If you seek legal advice or representation by Righetti Wynne PC, you must first enter into a formal agreement. Under no circumstances does this informational response, directly or indirectly, including, without limitation, correspondence by any means to or from Righetti Wynne PC, establish or intend to establish an Attorney-Client relationship between you and Righetti Wynne PC.

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Answered on 2/19/05, 6:56 pm


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