How is overtime calculated?

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Robert Spitz

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The calculation is based on the hours in a single day, whether the overtime hours are worked before the scheduled shift, after it, or some of each.  In the example in your question, the hour from 19:00 to 20:00 is beyond 12 hours the first day;  there's no double-time pay for the second day because he "only" worked about 10-1/2 hours.  The exception, which doesn't apply here, is where the hours worked continue without a break from one day into the next.

To a certain extent, this is arbitrary;  if this employee had started at 9:00 and worked straight through until 10:30 the next day, there would be 13-1/2 hours of double time pay coming.  But the law has to have rules that can be stated clearly, and it's often true that there's no way to draw "the line" perfectly.