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In California, the general overtime provisions for employee says that if an employee works more than 8 hours a day or more than 40 hours in a week is entitled to receive overtime pay. Overtime pay is equal to one and a half times the regular pay rate that the employee received for the previous work hours. An employee also cannot be made to work more than 6 days a week unless they receive overtime pay. The overtime law, wherein an employee is payed one and a half times their normal wages continue in to the 12th hour of work. After 12 hours of work in a given day and/or any work done in excess of 8 hours on the 7th consecutive work day in a week the employee is to be paid double time (double their normal hourly work pay)
If an employee works on salary the hourly rate, if it has not already been determined can be determined by taking the annual salary and dividing by 52 (for the number of weeks in the year) and then dividing that number (which is the weekly salary) and divide that by 40 (for the legal number of hours in a work week). If an employee has two pay rates during the week then the employee is to take the “weighted average”, which is equal to the number of hours worked at one rate times that hourly work rate, plus the number of hours worked at the second rate times that rate then divided by the total hours. (first hourly rate x hours worked at that rate) + (first hourly rate x hours worked at that rate ) = total money made. Then divide that by the total hours worked. This includes all hours worked at the regular rates, including hours worked past 40 hours per week.
An alternative work week schedule is a schedule that, when agreed upon by employers and employees, creates an alternative schedule that can allow employees to work more than 8 hours a day (so long as there are not more than 40 hours in a work week) without collecting overtime.
An employee cannot waive their right to overtime wages. If you have not been paid for your overtime, call The Law Offices of Rhett T. Francisco for help in getting paid for your work.