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Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33167
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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We are a staffing company in Calif. We have a client that schedules

Resolved Question:

We are a staffing company in Calif. We have a client that schedules employees for 10 and 1/2 hours a day. The company pays them for their 1/2 hr lunch time. I believe that they have to pay 2 & 1/2 of overtime even if the employee is padi for the 1/2 hour lunch. Could you confirm if I am right

Ron Blain
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Tina replied 5 years ago.
Hello and welcome,

Normally employees must be paid overtime if they are not exempt from overtime, for all hours exceeding 40 per week.

In most instances, overtime is not required for hours exceeding 8 in a single day.

Here is a link to a summary of overtime laws in CA:

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Customer: replied 5 years ago.
if an employee works 10 hours a day for 3 days but does not work more than 40 hrs for the week, than overtime pay is not required? Is that what you are saying?
Expert:  Tina replied 5 years ago.
Yes, normally that is the case. The law requires overtime for hours exceeding 40 per week, not 8 per day typically.

All the best to you.

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