Q: In California do I get paid overtime for any hours over 8 hours a day regardless of weekly hours?
If I work 10 hours a day one day but not over 40 hours in a week do I get paid overtime? And if I woke 10 hours a day and also over 40 hours a week do I get paid overtime each day and for the week or is it one or the other?
Ex: if I work 10 hours a day 5 days a week, how many hours overtime am I owed?
Generally speaking, if you are a non-exempt employee, i.e. you are paid hourly, you are entitled to overtime if you work over 8 hours a day, even if you do not work over 40 hours per week.
If you work 5 days at 10 hours per day, then you are owed 10 hours of overtime pay.
Neil Pedersen agrees with this answer
A: Nonexempt employees in CA should be paid time and one half for all hours over 8 hours per day/ more than 40 hours per week per your 8-hour shift. There is one statutory exception that allows the majority of employees to vote to work 4 ten-hour workdays. If the majority of workers there at the time vote for a 4/10 schedule, then overtime is not earned until the employee works more than 10 hours in a workday, or more than 40 hours in the workweek.
A: In California, employees are entitled to receive overtime pay at a rate of one and a half times their regular pay rate for all hours worked over 8 hours in a workday or 40 hours in a workweek, whichever is greater. This means that if you work more than 8 hours in a day, you are entitled to overtime pay for those hours, regardless of the total number of hours you work in a week.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.