Comments on: Q&A: Overtime Calculation with Two Different Hourly Rates

By: James Peters

James Peters — Sun, 03 Aug 2008 15:28:14 +0000

@Tom: A “workweek” is any defined seven-day period the employer sets and upon which basis the employee is paid (e.g. “pay periods”). The “seventh day” overtime period you are referring to is dependent upon on the “workweek” the employer uses, so unless your son is working Month-Sunday straight there is no additional premium due. However, you refer several times to “40 hours,” but in California overtime must be paid BOTH for hours worked over 40 in one week AND over 8 in one day.

By: Tom

Tom — Wed, 16 Jul 2008 18:57:45 +0000

Can you detail the term “work week” when it comes to overtime hours? My son is working a job where he has one day off per week and the employer is saying he is not due overtime because the “work week” is defined as Monday through Sunday. He hasn’t had a work week where he has worked more than 40 hours, but there have been several 7 day periods where he has worked more than 40 hours (i.e. Wednesday to the following Tuesday he worked 46 hours, but the employer’s defined work week showed him working less when the weeks were taken as separate).

By: James Peters

James Peters — Fri, 27 Jun 2008 23:25:11 +0000

@carol: I am not sure I understand your question. As I read your question, you get paid $10 per hour for up to 40 hours and then $5.40 per hour for all hours over 40. If this is true then it is likely illegal, although there always some narrow exceptions to every rule and I would need to know more about your situation to be completely sure.

By: carol

carol — Fri, 27 Jun 2008 02:01:59 +0000

i feel i have been not getting paid overtime at the 1.5 rate over 40 hrs a week , if one earns 10.00 per hour X 40 , then time and a half X14 hrs should be 15.00 X14. right? i have been paid @ 5.40 as overtime