Does the overtime between working 8 to -12 hours also get applied to a 40 hour work week overtime?

Or is it exempt from a 40 hour work week? My work week is from Friday-Thursday. Friday, Monday, Tuesday, Wednesday and Thursday I worked 8 hours (40). I worked 12 hours on Saturday (52). Does that translate to 32 hours of regular time and 16 hours of overtime? In other words +4 OT because of exceeding 8hours in a day on Sat; and then 12hours of overtime (Thursday = 8 and half of Wednesday = 4) because worked hours exceeded 40 hours in a 168 consecutive work week?

Asked on July 25, 2012 under Employment Labor Law, California

Answers:

Aryeh Leichter / Leichter Law Firm, APC

Answered 8 years ago | Contributor

An employee must be paid overtime for all hours worked during a workweek in excess of the applicable daily maximum (8 hours) -OR- in excess of the applicable weekly maximum (40 hours), whichever number of hours is greater--it's one or the other, not both.

Assuming that the Saturday in which you worked the 12 hours is the 2nd day of your Friday-Thursday week and not the 9th, your total number of overtime hours in excess of the applicable daily maximum is 4.  Your total number of overtime hours in excess of the applicable weekly maximum is 12.  

You should therefore be compensated for 40 hours at your regular hourly rate and 12 hours at your overtime rate.

Ari Leichter

 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.