Is it legal not to pay overtime wages if I work a 11 hour day in California?

Guess Who

That is very legal, OT only comes in straight shifts, not split shifts.

dihollywood

In my state, overtime must be paid if one works more than 40 hours in one week. It isn't based on the number of hours in one day. I don't know if it is different in California.

â˜†BTriXâ˜†

If you work OVER a 40 hour week they are required to pay you overtime wages.

All in one day doesn't matter - it's if you have worked more than 40 hours in an entire week.

treasureyourself

If you are working more than 40 hours a week and you get paid hourly, you should get overtime, but it doesn't mean it's more than what your regular hourly pay is.

Enterrador

I'm not too sure, but in the State of South Carolina, any hours worked over 40 are mandatory overpay, no exceptions, except if one is working shifts.

Sir Hard & Thick

If you work more than eight hours in one day on a shift you are entitled to overtime pay, however you worked two shifts, so you are not entitled to overtime pay. if you came in and stayed till the end of the day. then you would get the OT.

Joe M

It mostly depends on how many hours you work in a week.

A lot of places don't require an employer to pay overtime until you have worked 40 hours in a week.

The split up shift won't matter if you are working in excess of 40. You might be able to talk an employer into helping you out - especially if you are doing a good job!

Try Reality

if you did not exceed 40 hours in the week...no OT
Many factories have 12 hour days....NO OT
Airline ramp workers have 12 hour days...No OT...

ph_yo

The federal law is basically that an eligible employee does not earn overtime until after she or he has worked forty hours in a week. These laws are contained in the FLSA, the Fair Labor Standards Act.

Generally speaking, in California, non-exempt employees are entitled to overtime for any hours over eight in one day, over forty in one week, and for the first eight hours on the seventh consecutive day of work in a workweek (which is defined by your payroll workweek). Further, double-time must be paid for hours worked in excess of twelve in a single day or in excess of eight on the seventh consecutive day in a workweek. The California overtime rules are contained in Wage Orders issued by the Industrial Welfare Commission, part of the Department of Industrial Relations. Employers are required to post the minimum wage and overtime regulations in a conspicuous place frequented by employees.

Bailey

overtime is only paid when one works more than a 40 hour week and is hourly

Susie D

I work more than 8 hours every time I work, but my overtime starts at greater than 40 hours per week. It depends on what your employer told you when he hired you.

It is legal to not pay overtime for over 8 hours, but it is illegal to not pay an hourly worker for more than 40 hours per week.

Mark L

In the state of California you are paid overtime when you work over 8 hours in any day, regardless of it being a split-shift or not.

*Website provides instructions for filing a wage-claim.

Dr. Luv

Well overtime is based on the week not the day.

So hypothetically lets say monday, tuesday and wednesday you work 13 hours each day and take the rest of the week off.

You worked 39 hours and must make over 40 to get overtime...so even though you worked hard for 3 days you didn't make over 40 hours.

goombajoe

im not really sure but it does sound right

Gertie

GO/RUN, to your Local Job center, I believe this is against the law. It'sa 24hour period-thing...PEACE & GODSPEED

zclifton2

No, however, with a Republican Administration in Sacramento, the odds are they do not force the issue on business and may be very slow to assist you if at all. But, laws are on the books to protect you in this situation. However, the employer may retaliate, but if you file a claim, then the law is supposed to protect you.
Talk to a Labor Relations Lawyer to be sure.

anthonyjthan

YES, overtime only applies to consecutive hours after the 8th hour of a shift. It might be a good time to consider on going to college to make a better living and not be taken advantage of unethical resteraunt managers.

Your_Star

It's illegal for him not to pay you overtime for working a 11 hr day. Unless your break was 3 hours long

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