In California, must employees be payed overtime after 8 hours in a shift, or 40 hours in a week?

Question

I have asked friends, but they gave me conflicting answers. Some say that they legally have to pay you time-and-a-half after working 8 consecutive hours. But some disagree and say that they only have to do this when you work more than 40 hours in a week.

Answer 1

You get overtime pay if you work over 40 hours

Answer 2

There are some situations in which overtime pay is not required, such as if the business is family-owned or seasonal. In those situations, however, straight-time hourly pay is still required for hours over 40. If the company does not qualify for an exception, it may be breaking labor laws and wage and hour laws by not paying time and half overtime pay for hours above 40. Without having seen the agreement that the employees signed, it's difficult to know what weight it would have, but it probably is meaningless and doesn't do anything to relieve the employer of its need to pay overtime. The employer could be facing government fines and it may owe backpay to employees who have worked over 40 hours per week. If I were the employee, I'd get a lawyer and try to get paid for my work. If I were the employer, I'd get a lawyer and try to find a way to save myself from lots of legal trouble.

Answer 3

Employees who are not overtime exempt (mainly non-managerial positions, but there are some exceptions), must be paid time and a half for any time over 8 hours in a 24 hour period and for any time over 40 hours in a 7 day workweek. In addition, the employer must pay double time for any work in excess of 12 hours in 24 hours and any work over 8 hours on the seventh consecutive work day. This is determined according to a predetermined and relatively permanent period, say from midnight to midnight and from Sunday to Sunday. Also, employees can agree to "alternative schedules," which would allow them to work 12 hour days.

Answer 4

The way I understand it, it *used* to be after 8 hours in a day, but has been changed in recent years to 40 hours in a week before you have to be paid overtime.

Answer 5

Overtime is paid only after a person has worked 40 hours in one week no matter how many hours a person works per day.

Answer 6

Depends on your regular schedule. You can be scheduled 12 hours a day four days a week, only the last 8 hours would be overtime. Police do it all the time.

Answer 7

That is not really true and it depends on your job specifications.

Many have to pay overtime after a 40 hour work week, but not necessarily after 8 hrs of work!

"Employees covered by the Fair Labor Standards Act (FLSA) must receive overtime pay for hours worked in excess of 40 in a workweek of at least one and one-half times their regular rates of pay. The FLSA does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest.

Extra pay for working weekends or nights is a matter of agreement between the employer and the employee (or the employee's representative). The FLSA does not require extra pay for weekend or night work or double time pay."

They have recently (thanks George) rewritten the rules and who is covered by FLSA, in favor of the employers of course!

Answer 8

The employers have to pay OT for everything you work past 40 hours in a week. That's a national law not state law.

Answer 9

For the time being California is unfortunately still part of America and therefor you are entitled to overtime.

Unless your an illegal immigrant.

Answer 10

If you are a manager possibly no.