Overtime

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Overtime

If an employer schedules you to work 7 or 9 days straight 8 hours a day, are they required to pay you overtime after the 6th day? Also, what if the days are not in the same week (e.g. they schedule you to work Tuesday Monday or Tuesday-Thursday of the following week).

Asked on August 30, 2019 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

In CA, you are entitled overtime when:
1) Working more than 40 hours in a single workweek;
2) Working more than 8 hours in a single workday; or
3) On the 7th consecutive day of work in a single workweek.
So if, for example, you work 9 days straight, 8 hours each day, 5 days in week 1 and 4 days in work 2 (e.g. Tuesday to Sunday, then Sunday to Wednesday), you would not get overtime. But if you worked 7 days in week 1 and 2 days in week 2 (e.g. Sunday to Saturday, then Sunday and Monday), the 7th day in week 1 would be at the overtime rate.


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