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Brandon, Esq.
Brandon, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 1803
Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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In the state of California if you work more than 40 hrs in

Resolved Question:

In the state of California if you work more than 40 hrs in a week to get weekly overtime does your 40 hours have to be regular hours or is overtime and double time included?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Brandon, Esq. replied 1 year ago.

Employment-LawExpert :

I am a licensed attorney here to help you with your question. I appreciate your patience while I respond to you. Please remember to only rate my answer when you are 100% satisfied. I strive to provide excellent service, so if there is anything else I can help you with, or if you need additional clarification, please do not hesitate to ask. If you feel the need to click either "Poor Service" or "Bad Service", PLEASE STOP and reply to me via the REPLY TO EXPERT button with the issue you have. I will be happy to continue further and do everything I can to provide you with the service you seek. If you feel that I am unable to do so, please inform me of such and I will be happy to opt out of this question so that another expert may better assist you.

Employment-LawExpert :

The 40 hours goes from Monday to Sunday. This does not matter if you work holiday hours, or other hours overtime.

Employment-LawExpert :

Welcome to the chat

Customer:

i understand that but if i work 5 days a week and 12 hours a day would my weekly overtime start 4 hrs into thursday

Employment-LawExpert :

Under the Fair Labor Standars Act (FLSA) the hours that are actually worked are used to determine whether overtime is paid. So, yes, as soon as you work the 41st hour, then you would entitled to time and a half.

Customer:

so if my employer is telling me that it has to be 40 regular hours before i get weekly overtime that is wrong

Employment-LawExpert :

Yes, that is correct. If they are refusing to pay your overtime, you should consider making a claim to the department of labor to pay you for all of the hours that you are entitled to

Customer:

they pay overtime but 8 hrs a day regular and 4 hrs a day overtime and that is it so once i hit 40 hrs period it than becomes overtime and double time only

Employment-LawExpert :

Let me provide you with a link which may give you some piece of mind that you can share with your employer. Please give me a few minutes

Employment-LawExpert :

First, let me give you this page as it will answer many of your questions. I will see if I can find you something that is exactly on point for your question, however

Employment-LawExpert :

http://www.dol.gov/dol/topic/wages/overtimepay.htm

Employment-LawExpert :

http://www.dol.gov/whd/regs/compliance/whdfs23.pdf

Employment-LawExpert :

If you go down to Typical problems it discusses this exact issue

Customer:

thank you i also wanted to no over 8 hours is ot and over 12 is dt is there anything else cause my boyfriend just worked a 26hr shift

Employment-LawExpert :

Those links should answer any question you could have. In response to this, he should have been paid dt from the 12-26 hour mark

Employment-LawExpert :

There is no amount owed after dt. However, if he is not paid and files a claim he could be paid treble damages (3 times what he is owed) if he can prove that the denial of wages was willful

Employment-LawExpert :

I hope I have provided you excellent service. Before you go, please do not forget to take the time to rate my answer as one of the top three faces as this is how I receive credit for my time with you.

Customer:

ok and one more thing as far as travel pay the law states travel pay can be at any pre determined wage as long as it doesnt go below min wage but if they pay you your normal wage do they still have to pay ot and dt

Employment-LawExpert :

Are you asking if he is paid for travel time as time worked, is he entitled to the normal overtime and double time wages as established by law?

Customer:

yes

Employment-LawExpert :

Yes, the same rules would apply as it would be considered to be time worked.

Employment-LawExpert :

Let me also give you one more thing in case you believe you would rather hire an attorney than file a claim through the DOL

Employment-LawExpert :

If you decide to hire an employment attorney, a great resource is www.Martindale.com. This is a nationwide directory that is useful in finding highly qualified legal specialists in various fields of law. The lawyers in Martindale are not selected because they paid to be included, but rather because they have been rated by other attorneys as qualified experts in their field. Consider consulting with two or three different attorneys prior to selecting the one you feel most comfortable with.

Customer:

thank you very much you get an excellent rating you were extreamly helpful and very prompt have a great night

Employment-LawExpert :

You too

Brandon, Esq., Lawyer
Satisfied Customers: 1803
Experience: Has received a certificate of recognition from the California State Senate for his outstanding legal service.
Brandon, Esq. and 2 other California Employment Law Specialists are ready to help you

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