Can any employer outside of the medical field use the 8 80s overtime rule? If so is there a rule on only paying employees on OT if they go over 80 hours?

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Can any employer outside of the medical field use the 8 80s overtime rule? If so is there a rule on only paying employees on OT if they go over 80 hours?

I recently heard of a friend who only
receives OT pay if they go over 80
hours. they work from 6am-2pm and most
days work till 4. But they dont get any
overtime unless the 80 hours is reached
with in the same pay period. They work
for a private contractor. Is this legal?

Asked on July 3, 2019 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

No, this is not legal. Except for a VERY few specific exceptions in the law, any non-exempt (which includes all hourly) employees must receive overtime when they work more than forty hours in a single week--under federal law, overtime is based on weekly, not pay period, hours worked.
Furthermore, your state (CA) has possibly the most generous overtime laws in the nation and also requires overtime whenoever a nonexempt employee works more than 8 hours in a single day.
Your friend should contact the state department of labor about filing an overtime complaint.


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