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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 7131
Experience:  Significant experience in all areas of employment law.
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I have a question on overtime pay. My employee worked all

Customer Question

I have a question on overtime pay. My employee worked all seven days of our scheduled work week for a total of 55.05 hours. On day seven he worked a total of 8 hours 7 minutes. How do we pay his overtime? Is it the 15 hour 5 minutes over the 40 hour work week, or do we pay him OT on hours worked over 8 in a day and all of day seven at overtime?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 1 year ago.
Hello again and good afternoon. It's my pleasure, as always, to assist you.

Would you be so kind as to provide the daily breakdown of hours? (E.g., Monday 9 hours, Tuesday 8 hours, etc.)

I very much look forward to helping you.
Customer: replied 1 year ago.

Thurs 7.53
Friday 4.45


Saturday 10.47


Sunday 10.40


Monday 4.07


Tuesday 8.11


Wednesday 8.07

Expert:  Patrick, Esq. replied 1 year ago.
Thank you very much.

Overtime must be paid at the following rates:

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

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 on the seventh consecutive day of work in a workweek.

As you also know, hours worked in excess of 40 per week also qualify an employee for overtime.

These requirements are not intended to overlap, meaning if an employee works 10 hours in one day and 42 total hours in the week, you wouldn't need to pay four hours of overtime (2 for the hours worked in excess of 8 and 3 for the hours worked in excess of 40). The overtime need only be paid pursuant to one trigger or the other.

All of this noted, the best way to compute overtime is by looking at the hours worked each day, since this will always equal or exceed the number of hours worked in excess of 40 per week.

On the facts you describe, overtime would typically be calculated as follows:

Sat: 2.47 hours at 1.5 times the employee's regular rate of pay

Sun: 2.4 hours at 1.5 times the employee's regular rate of pay

Tue: .11 hours at 1.5 times the employee's regular rate of pay

Wed: 8 hours at 1.5 times the employee's regular rate of pay AND .07 hours at double the employee's regular rate of pay.

Remember, all hours worked in excess of 8 on the 7th consecutive work day must be paid as double time, which explains the last .07 hours.

As always, please feel free to let me know if you have any further concerns. If I have answered your question, I would be very grateful for a positive rating of my service so that I may receive credit for assisting you.

Kindest regards XXXXX XXXXX wishes moving forward.
Patrick, Esq., Lawyer
Satisfied Customers: 7131
Experience: Significant experience in all areas of employment law.
Patrick, Esq. and other California Employment Law Specialists are ready to help you
Expert:  Patrick, Esq. replied 1 year ago.
Laurie,

Thank you very much for your positive rating. I should include one point of clarification, which is that although the method I provided for calculating overtime pursuant to the facts you have described is correct, it is still generally important to look at whether 40 hours in a week has been exceeded because it is conceivably possible to exceed 40 hours in a week but not surpass the overtime threshhold for work on any particular day. (E.g., working 6 days in a row 8 hours per day).

That's all. Please let me know if I can be of any further help.

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