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Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 11248
Experience:  Significant experience in all areas of employment law.
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# My question is this. My employees are setup as a

### Customer Question

My question is this.
My employees are setup as a "semi-monthly" pay period so the pay periods start the 1st and 16th of every month. Some pay periods incorporate 15 days, some 16 days; however each employee works 6 days per work week @ 10 hours per day, what do I calculate out as overtime?
For Example:
sun-sat employee works 6 days of that work week, 10 hours a day. I assume it would be 40 regular and 20 OT
now since its not exactly 2 perfect work weeks, and some crossover into a third week what would total OT be paid out for?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 1 year ago.
Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.
Overtime can be earned in any of three different ways: (1) when hours are worked in excess of 8 in a single workday; (2) when hours are worked in excess of 40 in a single workweek; and (3) when work is performed on 7 consecutive days in a single work week (in this case, all work performed on the 7th day must be paid as overtime). These different triggers for overtime can overlap (i.e., an employee who works 10 hours a day six days in a workweek is entitled to overtime both because they exceeded 8 hours in a work day and 40 hours in a workweek), and if that happens you don't count the same overtime hours twice. So, in the parenthetical example immediately above, the employee would receive 20 hours of overtime.
Your confusion here arises from the fact that your pay periods do not exactly match up with the "workweeks" for the purpose of calculating overtime. What you do in this circumstance (i.e. a pay period covers a Wednesday through a Thursday) is simply calculate the overtime that is owed at the time payroll is processed. For example, if the pay period ends on a Wednesday and the employee is scheduled for Sunday-Thursday ten hours a day, by the time the pay period ends on Wednesday, they will not have exceeded 40 hours in the workweek, and so you would not pay them overtime on that basis even though the following day they will exceed 40 hours for the week. You would, however, pay overtime based on the "hours in excess of 8 per day" trigger for overtime. This means you would pay 8 hours as overtime.
Then, assuming the employee works 10 hours on Thursday (the first day of the new pay period) but no other days in that workweek, the Thursday hours would be paid as overtime OFFSET by the 8 hours of overtime already paid for the workweek. So, an additional TWO hours of overtime would be paid.
The simplest way of looking at it is that the work weeks and work days are what determine overtime, but you just pay what is owed at the time each pay period ends. If more becomes owed do to the work week continuing into a new pay period, you pay that additional overtime on the next paycheck.
I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.
If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.