Legal Question in Employment Law in California

I have been scheduled to work 14 days straight. I am a part time employee. Do I get premium pay for all days beginning on the 7th day?


Asked on 12/02/19, 1:57 pm

1 Answer from Attorneys

Timothy McCormick Libris Solutions - Dispute Resolution Services

No. Overtime depends on when your employer's work week officially begins and ends, but in no event do you collect overtime for all days in excess of 7. The rule is overtime is paid for any hours over 8 in a single day, or 40 in a single work week, or on the 7th day in a work week. Depending on when your employer's work week begins/ends, you could work 14 days and only get one day of overtime.

Here's an example of how that would work: Suppose your employer's work week officially begins/ends at midnight between Sunday and Monday, which is the most common. Suppose you worked 14 straight days from Tuesday one week, through Monday two weeks later. In only the middle week would you work 7 straight days. If you did not work over 40 hours in that week, say five 6-hour shifts, and two 4-hour shifts, you would only be entitled to overtime on the Sunday of that week.

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Answered on 12/02/19, 2:40 pm


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