By Cathy Asbun
The State of California states that unless you are an exempt employee, or covered by any other provisions, employees must receive overtime pay for any hours worked over 8 hours in a day or over 40 in a workweek at a rate not less than time and one-half their regular rates of pay.
In addition, hours worked over 12 in a day or hours over 8 worked on the 7th consecutive day in a week are paid at 2 times an employee’s regular rate of pay.
Below are some common questions we receive from our clients:
Question: Is there a limit on how many hours an employee can work per week?
Answer: There is no limit on the number of hours’ employees may work in any workweek.
Question: We work ten hour shifts four days a week. Do I need to pay the daily overtime?
Answer: If your company has instituted a bona fide alternate work week in which you normally work 10 hour days, 4 days a week the overtime would accumulate after 10 hours rather than 8, but still after 40 hours in a work week. This alternate workweek must meet certain formalities and cannot be done on a person by person basis.
Question: If I do not work on Monday but get paid, vacation, sick time or holiday pay and work the rest of the week including Saturday, do I get overtime pay for Saturday?
Answer: No, the law does not require employers to pay overtime unless the employee has performed “ACTUAL WORK” in excess of 8 hours in a day or 40 hours in a week.
Question: If employees work more than eight hours on Saturday do I need to pay them overtime?
Answer: Yes, anytime you work more than eight hours in a day (unless you are on a modified schedule) or 40 hours in a week you must pay overtime.
If you require assistance understanding overtime laws or any other matter related to your business, please contact us at firstname.lastname@example.org or (707) 361-5385.
We are a team of certified HR experts based out of the San Francisco Bay Area that provides HR consulting services to businesses nationwide.