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socrateaser
socrateaser, Lawyer
Category: California Employment Law
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Experience:  Retired (mostly)
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If an employee is on call and has worked a 40 hour week, works

Customer Question

If an employee is on call and has worked a 40 hour week, works 4 1/2 hours on the 6th day and 2 hours on the 7th day (Saturday and Sunday) does he earnh double time on Sunday or just time and 1/2?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  socrateaser replied 1 year ago.
Hello,

In what industry are you employed (retail, health care, information technology, government, etc.)?
Customer: replied 1 year ago.


We are an industrial engine company, rental, sales and service. Primary customer is agriculture. The employees in question are diesel and natural gas engine mechanics

Expert:  socrateaser replied 1 year ago.
Okay, thanks.

The general rules for an hourly employee is as follows (Title 8 Cal. Code Regs. 11170 subd. 4):

"[E]mployees shall not be employed more than eight (8) hours in any workday or more than 40 hours in any workweek unless the employee receives one and one-half (1 ½) times such employee's regular rate of pay for all hours worked over 40 hours in the workweek. Eight (8) hours of labor constitutes a day's work. Employment beyond eight (8) hours in any workday or more than six (6) days in any workweek is permissible provided the employee is compensated for such overtime at not less than:

(A) One and one-half (1 ½) times the employee's regular rate of pay for all hours worked in excess of eight (8) hours up to and including 12 hours in any workday, and for the first eight (8) hours worked on the seventh (7th) consecutive day of work in a workweek; and

(B) Double the employee's regular rate of pay for all hours worked in excess of 12 hours in any workday and for all hours worked in excess of eight (8) hours on the seventh (7th) consecutive day of work in a workweek.

(C) The overtime rate of compensation required to be paid to a nonexempt full-time salaried employee shall be computed by using the employee's regular hourly salary as one-fortieth (1/40) of the employee's weekly salary.


As can be seen from the regulation, you are entitled to double-time/premium wages only if you work more than 12 hours on day 6, or more than 8 hours on day seven.

Note: there is another law that prohibits an employer from forcing an employee to work seven days in a workweek without providing a separate day off from work during the same month (except in an emergency). If you have been denied this right, then you could file a complaint with the DLSE.

Hope this helps.

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