Is my employer entitled to pay me overtime if I work 13 days in a row?

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Is my employer entitled to pay me overtime if I work 13 days in a row?

I worked 13 days in a row, my employer says that they do not have to pay my overtime because it is on 2 different week schedules. Is this legal?

Asked on August 13, 2010 under Employment Labor Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, I believe that he is required to do so under California law.  A "workweek" is seven consecutive days.  Generally an employee shall not be employed more than eight hours in any workday or more than 40 hours in any workweek unless he or she receives one and one-half times his or her regular rate of pay for all hours worked over eight hours in any workday and over 40 hours in the workweek. Eight hours of labor constitutes a day's work, and employment beyond eight hours in any workday or more than six days in any workweek is permissible provided the employee is compensated for the overtime at a rate determined by the laws in California.  Contact the Department of Labor.  And read here: http://www.dir.ca.gov/dlse/faq_overtime.htm   Good Luck.


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