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N Cal Atty
N Cal Atty, Attorney
Category: California Employment Law
Satisfied Customers: 9311
Experience:  Since 1983
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If an hourly non exempt employee who gets paid semi-monthly,

Customer Question

If an hourly non exempt employee who gets paid semi-monthly, with absence of "set" workweek, how would I calculate his overtime for the first payroll period of July? He is paid on the 15th and the last day of the month. If payday happens to fall on a Saturday or Sunday, he is paid the Friday before payday. XX=day off Sunday June 26th, June27th, 28th, 29th, 30th//Friday July1st,2nd, Sunday July 3rd,paid holiday/4th,XX5th,6th,7th,8th,XX9th Sunday JulyXX10th,11th,12th,13th,14th and 15th
Submitted: 5 years ago.
Category: California Employment Law
Expert:  N Cal Atty replied 5 years ago.
How many hours did he work each day?
Customer: replied 5 years ago.
8 hours hes full time
Expert:  N Cal Atty replied 5 years ago.
It looks like the employee is entitled to overtime for July 1, 2 and 15.

Please note, employees are entitled to 1 day of rest in every 7 days, but:
"Nothing in
this chapter shall be construed to prevent an accumulation of days of
rest when the nature of the employment reasonably requires that the
employee work seven or more consecutive days, if in each calendar
month the employee receives days of rest equivalent to one day's rest
in seven."
From
http://law.onecle.com/california/labor/554.html

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