Buena Park, CA asked in Employment Law for California

Q: if an employee works 13 days straight are all hrs each day considered OT or(over 8DT)? or 8th day starts new week?

trying to figure out if every day after 7th day starts out as OT hrs and DT over 8 or if a new week starts? my guys worked 13 days in a row 60 hrs 1st wk and 62 2nd. im clear on the over 8 in a day or more than 40 in a wk is OT and over 8 on 7th consecutive day is DT (& over 12 in a day is DT). but how should the hours be paid on the 8th-13th days? do they all start off as OT hours and over 8 DT or is it considered a new week so it goes back to normal rules (more than 8in a day oT, etc...)?

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1 Lawyer Answer
Neil Pedersen
Neil Pedersen
  • Westminster, CA
  • Licensed in California

A: Overtime is determined by the number of hours you work in a workday, and the number of days you work in a workweek. It is not determined by the number of days in a row that you work, unless you work seven consecutive days in a workweek.

A workweek is a designated seven day period of time. The default workweek is Monday through Sunday. The employer may designate a different seven day period. If you work six days in one workweek and seven in the next to constitute the 13 days you asked about, you only get overtime after you have worked more than 40 hours in the workweek in which the days fall. Everything starts over at zero when one workweek ends and the other begins.

Good luck to you.

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