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After how many hours does a part time employee makes

overtime. Is it one and...
After how many hours does a part time employee makes overtime. Is it one and half pay? Is there a limit of hours a day an employee under 18 is allow to work. After how many hours of work should a part time employee get a break? how long?
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Answered in 2 minutes by:
3/25/2018
RobertJDFL
RobertJDFL, Lawyer
Category: Employment Law
Satisfied Customers: 15,307
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Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

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Good morning,

In California, the general overtime provisions are that a nonexempt employee 18 years of age or older, or any minor employee 16 or 17 years of age who is not required by law to attend school and is not otherwise prohibited by law from engaging in the subject work, shall not be employed more than eight hours in any workday or more than 40 hours in any workweek unless he or she receives one and one-half times his or her regular rate of pay for all hours worked over eight hours in any workday and over 40 hours in the workweek. Eight hours of labor constitutes a day's work, and employment beyond eight hours in any workday or more than six days in any workweek is permissible provided the employee is compensated for the overtime at not less than:

  1. One and one-half times the employee's regular rate of pay for all hours worked in excess of eight hours up to and including 12 hours in any workday, and for the first eight hours worked on the seventh consecutive day of work in a workweek; and
  2. Double the employee's regular rate of pay for all hours worked in excess of 12 hours in any workday and for all hours worked in excess of eight on the seventh consecutive day of work in a workweek.

​​

Child labor laws generally only permit 12 and 13-year-olds to work on regular school holidays, during the regular vacation of public schools, and during specified occasional public school vacations. They may not work on any regular school day, either before or after school. CA Education Code 49111, 49112, 49116. A permit to employ and work may be issued to a 13 year old to work up to 2 hours on a school day and up to 4 hours in a workweek if the youth has completed sixth grade, been identified as a potential dropout, and participates in an employment program conducted on school premises and sponsored by one or more school districts. CA Education Code 49112.

14 and 15-year-olds may work up to 3 hours a day on a school day and up to 8 hours on a non-school day and no more than 18 hours a week while school is in session. When school is not in session, they may work up to 8 hours a day and up to 40 hours a week.

16 and 17-year-olds may up to 4 hours a day on a school day and up to 8 hours on a non-school day and no more than 48 hours in a week while school is in session. When school is not in session, they can work up to 8 hours a day and up to 40 hours a week.

Under California law, (which is much more generous to employees than federal law), if you are a non-exempt worker, you are entitled to meal and rest breaks: a 30-minute meal break if you work more than 5 hours in a workday, and 10 minutes breaks for every 4 hours you work.

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Keep in mind that the labor code is not cut and dry. Like most laws, there are numerous exemptions and rules and regulations depending on things like the type of industry. My answers are meant as a general overview that would cover many employees, but shouldn't be interpreted as being applicable to every person in every job.

RobertJDFL
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Satisfied Customers: 15,307
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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