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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
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Experience:  Significant experience in all areas of employment law.
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If an employee is non-exempt and works 6 days one week and

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If an employee is non-exempt and works 6 days one week and 4 days the subsequent week, is he/she entitled to overtime for the first week? the employee is paid biweekly. Thank you.
Hello and thank you for entrusting me to answer your question. My goal is to answer your question completely and thoroughly and to provide excellent service.

With few exceptions, a non-exempt employee in the state of California is entitled to overtime whenever he or she works more than 8 hours in a day or 40 hours in a week. Entitlement to overtime is based on hours worked, not days worked, since otherwise an employee could conceivably work just a couple hours a day andbe entitled to overtime on the sixth day having only worked 10 hours.

The default "workweek" begins on Sunday and ends on Saturday, so if an employee works more than 40 hours within that span of time, they would typically be entitled to overtime. Overtime is NOT calculated based on hours worked within a two week cycle.

So to answer your question most directly, if an employee is non-exempt and works six days one week and 4 days the subsequent week, he or she would be entitled to overtime in the first week if the total number of hours worked exceeds 40. It is a question of hours worked--not days worked.

I sincerely XXXXX XXXXX this information helps you and I wish you the best.

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