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socrateaser
socrateaser, Lawyer
Category: California Employment Law
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Experience:  Retired (mostly)
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Ag rules - if an employee works 13 hours in a day, 10 at regular;

Resolved Question:

Ag rules - if an employee works 13 hours in a day, 10 at regular; 2 at 1-1/2. What is the 13th hours paid? Double time or 1-1/2?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  socrateaser replied 5 years ago.
Hello,

If you are referring to IWC Wage Order 14-2001 (Agricultural Occupations), then an employee is entitled to 1 1/2 times regular wages for al hours over 10 hours on any workday, except that if the employee works seven days in any workweek, then the employee is entitled to 1 1/2 time regular wages for the first 8 hours on that seventh day, and double time for all hours in excess of 8 hours on that seventh day.

Hope this helps.

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Customer: replied 5 years ago.
So that I'm clear, if an Ag employee works 13-14 hours in one day, then 1-1/2 times their pay and not double time after 12 hrs?
Expert:  socrateaser replied 5 years ago.
Correct for any single day, or up to six days in a row.

Incorrect for the seventh day in a row.

Hope this helps.

NOTICE: My goal here is to educate others about the law. I am always available to answer your follow-up questions after you click Accept – however, if you do not click Accept, the website gets paid, and I receive nothing. This is true, even if you are on a subscription plan. So please click Accept, so that I will be able to continue to provide this service for others in the future.


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socrateaser and other California Employment Law Specialists are ready to help you
Customer: replied 5 years ago.
I understand the 7th day rule, I'm trying to get clarification on hours worked over 12. We seldom work 13 hours, but it also seems to become an issue. The IWC is not clear on when to start paying double time, except at the 7th day rule.