California Employment Law
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The Wage Orders specifically address this situation, wherein they state: "All work performed in any workday beyond the schedule established by the agreement up to 12 hours a day or beyond 40 hours per week shall be paid at one and one-half (1½) times the employee's regular rate of pay. All work performed in excess of 12 hours per day and any work in excess of eight (8) hours on those days worked beyond the regularly scheduled number of workdays established by the alternative workweek agreement shall be paid at double the employee's regular rate of pay."
In other words, YES, the employee would be entitled to overtime for any work they perform outside of the alternative work schedule. This holds true even if the employer had a legitimate reason for closing their business on a day for which work would have ordinarily been performed.
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Thank youf or you reply. This sort of clarifying followup question is no problem for me to address. The answer is yes, there need to be specific days identified for the alternative work schedule, and ANY time worked outside of the agreed upon schedule must be paid as overtime.
See above, wherein the order states "All work performed in any workday beyond the schedule established by the agreement..." Thus, it is the agreed upon work schedule that determined whether overtime must be paid.
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