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| I have situations where employees work less than 8 hours on some days, like 6 or 7 hours, and then over 8 hours on other days. So do they get overtime pay for each of the days worked over 8 hours or just the total hours added up that are over 40 hours for the 5 day work week?
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This was cut and pasted from this website. There are exceptions but on in certain industries. See Overtime under HR Topics for additional information.
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For almost all nonexempt private sector California employees who are not covered by collective bargaining agreements, overtime pay is based primarily on the number of hours worked in a day. However, you must also account for weekly totals when calculating overtime.
Best Practices
Be aware of California’s daily and weekly overtime requirements.
Learn when you must pay time and one-half instead of double time.
Never let a minor work more than eight hours in any single workday, even if he/she requests the extra hours.
View All Daily Overtime — California Law
You must provide time-and-one-half the employee’s regular rate of pay for:
All hours worked beyond eight in a single workday; and
The first eight hours worked on the seventh consecutive day worked in a single workweek.
You must pay double the employee’s regular rate of pay for:
All hours worked beyond 12 in a single workday; and
The hours worked beyond eight on the seventh consecutive day worked in a single workweek.
note Regarding minors and daily overtime, it is a misdemeanor to require a minor to work more than eight hours in any one workday, regardless of whether you pay overtime for the hours over eight. 1
Weekly Overtime — California and Federal Law
Multiply the employee’s regular rate of pay times one and one-half for all hours worked beyond 40 straight-time hours in a “workweek.”
Paying Overtime
Payment of overtime wages earned in one pay period may be delayed until no later than the payday for the next pay period. Only the payment of overtime wages may be delayed to the following pay period. Effective January 1, 2007, if you delay payment of overtimes wages to the following pay period, you itemize the hours as corrections on the pay stub for the period in which they are paid, provided you identify the date of the pay period to which they are attributable.
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