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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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in california i worked 40 hours for the week had one day off

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in california i worked 40 hours for the week had one day off then worked 14 hours the next work day. since i had 40 hours already the hours worked on the 6th day were in over time 1.5 times pay. does the double time rate start after 8 hours or after 12? the way i read it it is after 12 but since i'm aready at 1.5 time my pay once i hit 8 hours there is no increase until 12 since it is not the 7th day in a row. easier with real numbers friday at 4 pm i hit 4o hours. i worked untill 1130 pm that night which is 4 hours at 1.5 (8pm) and 3.5 hours at double time. i had sat off then sunday i worked from 7 am till 900 pm no lunch so for being over 40 i start at 1.5 so by 3 pm i have worked 8 hours at 1.5 time but again still not 7th day rules so at 7 pm i hit 12 hours now for sure im in double time for the remaining 2 hours. i am submitting my time sheet in the morning and will know what i get paid by thursday i just want to make sure i don't get cheated and want to make sure i don't submit a improper time card. and is there such a thing as double tim and a half or  triple time after 16 hours? thanks for all your help


My name is XXXXX XXXXX my goal is to provide you with excellent service today.

Unfortunately, since you did have a day off in between the fifth day and the seventh, you would only be entitled to overtime on the first twelve hours and double time on the hours worked above twelve during the day. You did read the code correctly.

Unfortunately, there is no such thing as double-and-a-half time or triple time for hours worked in excess of 16 during a day. (Although I think there definitely should be, since an employer should have to pay a lot for working an employee more than 16 hours in a day, as that is inhumane). The most California Labor Code allows for is double time.

This site from EDD may help your understanding, although you do seem to have a pretty good grasp on the regulations.

I hope the above information is helpful.

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