If I work 11 hrs in one day and dont work all week do I still have to get paid overtime in California?

Question

I just started a job and my first day was friday. That day I worked 11 hrs. The next week I got my check and saw I had been paid all 11 hrs in regular pay. Am I entitled to get paid overtime after 8 hrs a day or is it after 40 a week. What is the overtime law for California?

Answer 1

You did ask for the overtime law in California, right? Raicha is the only one to have given you a correct answer. One of the 8 hours per day exception is the alternative workweek schedule in which 40 hours per week would apply. But I do not think you have that. What I believe happened here is that your employer redefined the meaning of a day since California only defines a day as any 24 hour period. Therefore your employer can legally say that 24 hour period is from 9PM-9PM, and if you worked from 1PM-12AM then technically 3 hours have been worked in a second 24 hour period and therefore do not need to be paid at the overtime rate.

*/End of Line.

Answer 2

Since your payroll is drawn every two weeks, you calculate overtime based on anything over 80 hours a pay period (every two weeks). (I'm guessing you advised them that it's a two-week pay cycle.) This works for HOURLY EMPLOYEES ONLY. Hourly employees earn overtime after 40 hours of time worked (not including sick time, vacation, holidays, etc.) That means that, although your employee worked 45 hours the second week, he/she only worked 35 hours the first week, which would then push the extra 5 hours into regular time (to make up the shortage in week 1). However, if your employee had worked 40 hours week 1 and 45 hours week 2, he/she would be entitled to 5 hours OT. If you need help with this, check out the Department of Labor (USDOL) website. They're incredibly helpful, and the site isn't all that difficult to navigate (as far as government sites go, anyway).

Answer 3

The general rule is that you are entitled to overtime if you work more than 8 hours in a day or 40 hours in a week. But there are a lot of exemptions and exceptions and it depends on the industry you are in and the work you are doing. Here is a link to the official state website on this topic:

http://www.dir.ca.gov/dlse/FAQ_Overtime.htm

Answer 4

its overtime for 40+ hours in a week (usually time and a half for time over the 40). SOME employers will offer you a differential in addition to your pay if you have to stay later at work. For example, at my old job (retail)..my shift was second (2-10pm). On days that I was asked to stay past 10pm, or to do a "double" (2pm-6am)..I was paid my normal pay rate, PLUS the night-differential (about $2.50 more an hour) for the hours worked PASSED my "normal" shift end-time.

Sorry if I've confused you. Its been a long day for me.

Answer 5

Overtime pay will be paid according the terms of the contract signed by the employee and employer whether through daily or weekly periods.

Answer 6

You have to work more than 40 hours in a week to get overtime.

Answer 7

It is set by company policy. Some pay for anything over 8 hours a day and others pay for anything over 40 in a week.

Answer 8

overtime after 40 hrs per week