Legal Question in Employment Law in California

Should I be paid an overtime on seventh consecutive day in a workweek if I work 3 hours a day

Asked on 3/15/13, 4:59 pm

3 Answers from Attorneys

Charles Perry Law Offices of Charles R. Perry

Nonexempt employees in California are entitled to one-and-one-half times their regular rate of pay for the first eight hours of work on the 7th consecutive day of work in the workweek. They are entitled to double-time for all hours in excess of eight that they work on that 7th day.

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Answered on 3/16/13, 3:06 am
Kristine Karila Law Office of Kristine S. Karila

No. The seventh consecutive day rule in overtime law only applies to full time employees.

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Answered on 3/16/13, 11:15 am
Timothy McCormick Haapala, Thompson & Abern, LLP

Ms. Karila is wrong. Mr. Perry is right, but with a warning. The tricky wording is "in the workweek." If the law was simply "seventh consecutive day" it would be simple. But due to the phrase "in the workweek" the employer can actually work an employee up to twelve straight days without a day off. This is because the employer sets when the workweek starts/ends. They can't change it around to evade overtime but they can pick any day and time of the week. So suppose they pick the common choice of midnight Sunday/Monday. They can then work you from Tuesday through Sunday one week, and then Monday through Saturday of the following week, without a day off and without owing any overtime. They will have only worked you six days in the first Monday to Sunday workweek and only six days in the second Monday to Sunday workweek. In that scenario, unless you worked over 8 hours in any given day, or over 40 ours in either of the six day workweeks, you get no OT.

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Answered on 3/19/13, 11:20 am

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