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by This Daley has a new bundle of joy on March 14th, 2007
It depends on what type of employee you are (contract, casual, union etc) If you are "Exempt" or not, salaried or hourly etc. It sounds like you are hourly. Unless you are on an alternative work schedule, I think that, yes, the remaining hours beyond 40 will be OT.
I hope the info below helps you.
Look here:
From: http://www.workforcesoftware.com/resources/ca_laws.html
California Labor Laws
Among the states, California has uniquely stringent labor laws. The following page summarizes some of those laws, and shows how WorkForce Software is able to deal with complex regulations.
Overtime Laws
For more than 8 hours in a day, an employee must be paid 1.5 times his or her usual rate, and for over 12 hours in a day must be paid twice the standard rate. In addition, if an employee works 7 consecutive days, they must be paid 1.5 times the usual rate for the first 8 hours, and doubletime for any hours over 8. The 7th consecutive day law applies regardless of how many hours an employee worked in the preceding six days. Also, any hours over 40 in a week must be paid at time and a half.
Overtime Exempt Employees
Certain employees are exempt from overtime laws, including those that spend at least 50% of their working time performing work that is primarily intellectual, managerial, or creative, and requires the exercise of discretion and independent judgment. For more guidelines on exempt and non-exempt employees, please see What is an Exempt Employee?.
Alternative Work Schedules
If two-thirds of the workforce agrees on an alternative work schedule (as decided by a secret ballot election), then a schedule may be implemented of up to 10 hours in a day, but no more than 40 hours per week. If an employee cannot work the alternative schedule, however, the employer is required to make a reasonable effort to accommodate the employee.
If an employee submits a written request to work between 8 and 10 hours per day, then that schedule may be implemented.
by Jenniferocious on March 14th, 2007
Ok. So in 4 days, you worked 40 hours, 8 of which are overtime. That means you worked 32 "regular" hours. Friday's 8 hours would be considered "regular" hours, not overtime, because you have not yet exceeded the 40 regular hours that week, nor have you already worked 8 hours that day.
If you were to work 8 hours friday, and then go into work on Saturday - any time worked on saturday would be overtime because you would have already hit 40 regular hours that week.
Does that make sense?
by FaerieWhings on January 27th, 2008
Any hours you worked over 40 hours is considered over time and you should be paid at least time and a half. That is unless you have a contractual employment with the company. For example, you are getting paid 'X' to do your job no matter how many or few hours it takes.
by Anonymous on January 27th, 2008
Assuming you worked ten hours a day from Mon-Thurs, you would be entitled to 40 hours of regular time and 8 hours of overtime.
There seems to be some confusion about whether Friday was regular time or overtime. Technically it would be regular time. You earned 2 hours of overtime for each day from Mon-Thurs. However, the semantics does not matter. You are entitled to OT for every hour over 8 in a day or 40 in a week. You cannot get duplicate OT (e.g. 2 hours of OT each day, plus OT for Friday because that was over 40 in a week).
by Jenniferocious on March 14th, 2007
Sorry - duplicate.
by Zinger on January 27th, 2008
Under California Wage & Hour Laws, it should be counted towards overtime because it is over 40 hours a week. All hours over 8 hours a day or 40 hours a week a paid at the overtime rate.
by gondola on March 14th, 2007
I'm unsure how you got 8 hours of overtime with only working 40 hours. Overtime is calculated as any time over 40 hours in one pay week. Some companies may offer their own form of compensating for time worked outside of the scheduled shift.
Legally speaking, if 40 hours were accrued between Monday and Thursday, and an additional 8 hours were worked that Friday, you will awarded 8 hours of overtime. Essentially, you will be paid of 52 hours of work at regular pay.
However, if you are on salary, OT is nonexistent for you, unless the company has a different policy. They are not required to by law, though.
Additionally, some companies will only give overtime pay when working over 80 hours in two weeks. Bi-weekly pay does not always follow the same principles of weekly pay.
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You're reading Hello, I have a question in regards to overtime pay and an odd work week. If an employee work say 40 hours from Mon-Thur, collecting 8 hours of overtime pay, then works Friday for 8 hours, should that be counted as overtime pay or regular time pay?
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That is something you would have to take up with Answerbag, not me. Feel free to flag the answer and take up copright law with them. I cited my source and I used it for educational purposes. I did not gain anything from it nor did it cause a loss to you.
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Spectrum Jobs: Answerbag does have a duty to remove infringing content once it has come to their attention if they want to avoid liability. Since the poster does not want to remove it, you may want to inform AB. However, the poster did give you some free advertising and good will, which you have destroyed by posting your comment. Even if you are in the right, you may want to consider the marketing aspects of your decisions in the future.
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by This Daley has a new bundle of joy on January 28th, 2008