Can someone please help me understand Overtime pay in CA? I'm not sure if I misunderstood or if I am being cheated out of overtime pay.?

Okay so I don't know if I misunderstood or if the system my company is using isn't calculating it correctly. I know overtime is anytime after 8 hours or more than 40 hours in a work week. Basically I'm wondering if over time by way of a long shift counts towards the 40 hours worked to hit more overtime.

I had one shift this work week that was 10.5 hours and last night I saw my total hours worked at 39.5 so I was expecting 7.5 out of 8 hours of my shift today to count as overtime but it's only counting 5 (so the 2.5 overtime from Monday isn't counting towards the 40 hours worked). I thought the 40 hours was based upon ANY hours worked regardless if it's through standard or overtime. Am I mistaken or do I need to bring it up and get it corrected? (Once again this is for California.)


*Still learning the correct way to use the term but, my work/pay week is valid for Monday thru Sunday.

Update 2:

Specific Hours in the Pay Week: Monday: 10.5, Tuesday 8, Wednesday 5, Thursday-Saturday 8 each.

8 Answers

  • 3 years ago

    Remember that overtime is based on worked hours, not scheduled hours.

    Does the hours you listed included the 30 minute unpaid meal break?

    If it does, you are paid:

    Monday: REG 8 OT 2.5

    Tuesday REG 8,

    Wednesday REG 5,

    Thur REG 8

    Fri REG 8

    Sat REG 3 OT 5 (because this pushed you over the 40 in a week)

    Total REG 40 OT 7.25

    If the time does not include the 30 minute unpaid meal break

    Monday: REG 8 OT 2

    Tuesday REG 7.5,

    Wednesday REG 5

    Thur REG 7.5

    Fri REG 7.5

    Sat REG REG 4.5 OT 3 (because this pushed you over the 40)

    Total REG 40 OT 5

    The 39.5 hours that you currently see is your punched time in your time and attendance system.

    This is not your "paid" time.

    During the payroll process your punches are converted to the actual reg and ot based on your specific pay rules (likely State of CA non-exempt requirements)

  • Anonymous
    3 years ago

    A nonexempt 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. You are owed one and one-half times the employee's regular rate of pay for all hours worked in excess of eight hours up to and including 12 hours in any workday, and for the first eight hours worked on the seventh consecutive day of work in a workweek. You are owed double the employee's regular rate of pay for all hours worked in excess of 12 hours in any workday and for all hours worked in excess of eight on the seventh consecutive day of work in a workweek.

    However, certain businesses alternative workweek schedules (such as four 10-hour days or three 12-hour days). For these schedules there is an agreed workweek of 35 hours, and the law does not require the employer to pay any overtime until after 40 hours in a workweek.

    If you employed using the standard workweek schedule, then your employer should pay one-half times your hourly wage for any time worked above 8 hours on a given workday (or double for hours worked in excess of 12 hours on a given workday):

    Standard Hours: $11.00/hr * 8 = $88.00

    Overtime Hours: $16.50/hr * 2.5 = $41.25

    Total Gross Pay: $88.00 + $41.25 = $129.25

    You most likely have an incorrect assumption around what your employer has determined to be your payweek.

  • Anonymous
    3 years ago

    OT is always based on anything after 40 hours a week, not on a daily rate. They could make you work 3 ten hour days and none for the rest of the days and you'd still not get OT because you didn't go past 40 hours of work. No one pays a daily OT rate.

  • 3 years ago

    Each day you work more than 8 hours, the EXCESS over 8 hours is counted as overtime. They add up the hours for shifts over 8 hours, and compare that to any excess of total hours over 40, and the larger number is your overtime for the week. The calculations are ENTIRELY separate.

    Based on the numbers you give, your pay week IS NOT Monday trough Sunday it is Saturday thru Friday.

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  • Mike
    Lv 7
    3 years ago

    talk to the Human Resources Department or the Payroll division of your employer to see HOW THEY CALCULATE hours and pay rates.

  • Judy
    Lv 7
    3 years ago

    No, you don't get to double dip on OT hours even in CA. For the weekly limit, it's after 40 hrs of straight time.

  • 3 years ago

    You misunderstood.

    The number of hours counted as overtime is whichever is more of either

    a) The total number of hours worked, minus 40, OR

    b) The number hours over 8 hours a day on each day.

    You worked a total of 47.5 hours in the week, so a TOTAL of 7.5 count as overtime going by hours over 40.

    It's NOT 2.5 for going over 8 hours on Monday PLUS 7.5 for the hours over 40.

    The 2.5 hours on Monday ARE being counted toward the 40 hours worked -- but they are also being counted as hours over 40.

    You get regular pay for 40 hours, and you get overtime pay for a TOTAL of 7.5, including the 2.5 that were on Monday.

  • 3 years ago

    Pretty sure it is based on hours in a PAY week... Not a "work week".

    Look at the dates of the pay and redo your math

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