Does an employer have to pay overtime after a 10 hour work day?

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Does an employer have to pay overtime after a 10 hour work day?

My husband is a 5 day, 8 hour a day employee. He is a relief position and fills in when people are

sick or on vacation so many weeks he does 4/10 hour days. His job guarantees 40 hours of pay so if he leaves early 1 day he still gets his full pay. There will be some days where he works over 10 hours but if he left early other days, he won’t get any overtime.

Asked on March 2, 2018 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The issue is whether he is exempt from overtime. To be exempt,
1) He must be paid a salary (not on an hourly basis);
2) His salary must be at least $455/week; and
3) His job duties, responsibilities, and authority must meet at least one of the exemptions found on the U.S. Dept. of Labor website, such as the executive (i.e. managerial) exemption, professional exemption, or administrative employee exemption--compare his job to the different exemptions.
If he meets all the criteria above, he is exempt from  (doesn't get) overtime. If he doesn't meet those criteria, he is entitled to overtime. In your state (CA), overtime is for working more than 40 hours in a week *or* for working more than 8 hours per day; so if he is not exempt, when he works a 10-hour day, 2 of those hours should be overtime.


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