Expert: Shirley McAllister, CPP, PHR - 10/21/2010

Question
QUESTION: I have a guy who worked from 6:30am to 4:00pm with an hour lunch and then from 6:00pm to 1:30am. He's an hourly employee, what portion is time and a half or even double pay??

ANSWER: Hi Katy,

I need to know in which state this employee worked.

Thanks
Shirley

---------- FOLLOW-UP ----------

QUESTION: We are in California.  Thanks Shirley :)

Answer
Hi Katy,

From your question I thought that might be the case.

One and one-half times the employee's regular rate of pay for all hours worked in excess of eight hours up to and including 12 hours in any workday, and for the first eight hours worked on the seventh consecutive day of work in a workweek; and
Double the employee's regular rate of pay for all hours worked in excess of 12 hours in any workday and for all hours worked in excess of eight on the seventh consecutive day of work in a workweek.



If your workday ends at 12:00 as ours does this is what you would pay.

6:30-4 PM with 1 hour lunch is 8.5 hours You have 8 hours reg pay and 1/2 hour overtime at time and a half.

6:00 PM to 9:30 PM is 3.5 more hours for 12 hours so you now have 3.5 hours at time and 1/2 for a total of 4 hours at time and 1/2

9:30 to 12:00 is 2.5 hours at double time.

Now the clock starts over and 12:00 AM to 1:30 AM starts regular time for the hours of the new payday which could cause overtime in this day depending on hours worked. You now have 1 .5 hours for the new pay day.
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So this is what you have

Day 1 12:00 AM to 12:00 PM is one work day

This employee worked 6:30 AM to 4:00 (1 hr lunch) than worked 6:00-12:00. Total of :

8 hours regular pay
4 hours OT at time and a half
2.5 hours OT at double time

Day 2 12:00 AM to 12:00 AM is one work day

1.5 hours regular time for 2nd day

If your day does not start and end at 12:00  than you may have to adjust it for your day.

If this does not make sense let me know it is a little hard to explain on paper.

Shirley


P.S. Here is the link to Ca Department of Industrial Relations on Vacation Pay

http://www.dir.ca.gov/dlse/FAQ_Overtime.htm

Shirley