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N Cal Atty
N Cal Atty, Attorney
Category: California Employment Law
Satisfied Customers: 9086
Experience:  Since 1983
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In a semi monthly payroll period. How is overtime calculated

Resolved Question:

In a semi monthly payroll period. How is overtime calculated if this employer is paid hourly and did not have a regular work week this month?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  N Cal Atty replied 5 years ago.
In California, the general overtime provisions are that a nonexempt employee 18 years of age or older, or any minor employee 16 or 17 years of age who is not required by law to attend school and is not otherwise prohibited by law from engaging in the subject work, shall not be employed more than eight hours in any workday or more than 40 hours in any workweek unless he or she receives one and one-half times his or her regular rate of pay for all hours worked over eight hours in any workday and over 40 hours in the workweek.
From
http://www.dir.ca.gov/dlse/faq_overtime.htm

I hope this information is helpful.
Customer: replied 5 years ago.
Yes say an employee worked on the 1st, which is a Friday, the 2nd, off the third, and worked the 4th 5th 6th and 7th. Off the 8th. In this workweek shouldn't the 7th count as overtime?
Expert:  N Cal Atty replied 5 years ago.
What are the regularly scheduled pay dates each month?
Customer: replied 5 years ago.
15th and the last day of the month. If the last day of the month falls on a Sat,sun he pays the friday before.
Expert:  N Cal Atty replied 5 years ago.
This is not a clear cut situation. If the normal work week starts every Monday, the person worked during 2 different weeks. If the work week started on Friday, then it does look like he or she may have worked overtime (assuming 8 hours of work per day).

I suggest calling the DLSE to get its opinion on whether or not the person is entitled to overtime in the situation you described. You can find the nearest office listed at
http://www.dir.ca.gov/dlse/DistrictOffices.htm

I am sorry but not all legal questions have a clear answer.
N Cal Atty and other California Employment Law Specialists are ready to help you
Expert:  N Cal Atty replied 5 years ago.
Thank you for accepting my answer.

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