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LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 36125
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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I understand that, now I guess my more specific question is

Customer Question

I understand that, now I guess my more specific question is if they work 6 days a week from the 1-15th and it cuts into 3 work weeks, which rules applies? and also would they ever EXCEED 80 Regular hours?
Example:
work week is Mon-Sun
The 1st falls on a Wednesday and the 15th would then fall on a Wednesday two weeks from the original Wednesday, so technically I have entered 3 different work weeks, so can I exceed 80 hours for regular, or would 80 be a locked number and everything else would go to OT. Reason why I am so concerned is I keep hearing different things.
We will use one of my employees for example
1st-Wed 10hrs worked
2nd-Thur 10hrs worked
3rd-Fri 10hrs worked
4th-Sat OFF
5th-Sun 10hrs worked
6th-Mon 10hrs worked
7th-Tue 10hrs worked
8th-Wed 10hrs worked
9th-Thur 10hrs worked
10th-Fri 10hrs worked
11th-Sat OFF
12th-Sun 10hrs worked
13th-Mon 10hrs worked
14th-Tue 10hrs worked
15th-Wed 10hrs worked
But work week again is Mon-Sunday it technically breaks 3 weeks, now would it be 13 days worked so 130 hours total broken down into...
80hrs regular
50 hrs OT
Or
104 Hrs Regular
26 Hrs OT
Or a third option that I am not even thinking about.
someone mentioned to me a 6th day is always OT, I am just so confused. My most important thing I dont want to stray away from is I am in California. I know labor laws here are a bit different
Submitted: 1 year ago.
Category: California Employment Law
Expert:  LawTalk replied 1 year ago.
Good afternoon,
I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today. I am a CA licensed attorney.
Let’s start with the basic wage and overtime laws for CA. California overtime law defines overtime as any hours worked over an 8 hour day or 40 per week. Per week refers to the workweek as established by the employer. The employer may start the workweek on any day of the week---it doesn't matter---but that workweek must remain in place and all employees must be paid based on that workweek. Many employers generally use either Sunday or Monday, 8AM as the start of a workweek.
What you cannot do is call the first of every month the start of a new work week, as your 1-15th of the month hypothetical seems to suggest.
As a workweek can only be a 7 day period, if you have 15 days in a schedule it necessarily encompasses 3 different workweeks.
If your workweek is designated as Monday to Monday, and you work your employees 10 hours per day, 6 days per week, then of the first 4 days in any given workweek there would be 40 hours worked and 8 hours of overtime. All additional hours in the week remaining would be overtime as they would be in addition to the 40 hour workweek.
In the example you gave, lets walk through the wages owed.
If your workweek is Monday through Sunday:
1st workweek of the month
1st-Wed 10hrs worked
2nd-Thur 10hrs worked
3rd-Fri 10hrs worked
4th-Sat OFF
5th-Sun 10hrs worked
Second workweek of the month
6th-Mon 10hrs worked
7th-Tue 10hrs worked
8th-Wed 10hrs worked
9th-Thur 10hrs worked
10th-Fri 10hrs worked
11th-Sat OFF
12th-Sun 10hrs worked
Third workweek of the month
13th-Mon 10hrs worked
14th-Tue 10hrs worked
15th-Wed 10hrs worked
In the first workweek you would have 32 hours regular and 8 hours overtime.
In the second, you have 32 hours regular and 28 overtime,
In the third you have 24 regular hours and 6 overtime.
The 6th day is NOT always overtime. It is only overtime to the extent that it is in excess of 40 hours in the same workweek or more than 8 hours in a day.
This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might better suit your needs. If you are interested, I can offer you a phone conference as opposed to continuing in this question and answer thread. I will make that offer to you after I get this posted to your question thread. All you need do is accept the offer if you would like me to call.
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
Please remember to rate my service to you so that I can be compensated for helping you.
I wish you and yours the best in 2015,
Doug

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