Moreno Valley, CA asked in Employment Law for California

Q: If I worked 9 hours one day and 10 hours 3 days which is 39 hours Will my hours the 5th day after I pass 40 overtime?

my regular hours of work is 8 hour days monday -friday but i exceed 40 due to overtime before friday.

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2 Lawyer Answers
Ali Shahrestani,
Ali Shahrestani,
Answered
  • New York, NY
  • Licensed in California

A: See: http://www.dir.ca.gov/dlse/faq_overtime.htm

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Andy Chen
Andy Chen
Answered
  • Modesto, CA
  • Licensed in California

A: I assume you are eligible for overtime (e.g. you have received it previously). If so, then the answer is OT begins after the 8th hour of work in a given day, even though you are still under 40 hours for the given week. Thus, in your situation, you have 1 hour of OT on day 1 and 2 hours of OT on day 2, 3, and 4. The first 8 hours you work on day 5 will be regular time. Anything after that is OT. If you work less than 12 total hours, OT is 1.5 times regular pay. OT for time after the 12th hour work is 2 times regular pay.

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