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Employment Law/California Labor Code 510


QUESTION: Hello, I have a question about California Labor Code 510 (it might be 511...).

I have worked two 10 day weeks and recently found out that anything over seven days might be time and a half.  I asked my manager and was told that since the days worked over two pay periods they could get away with it.  I looked again at the labor code and there was no mention of pay periods, just that a "week" is any period of seven consectuive days.

Did I misread something or can I feel confidant taking this to personnel?

Thank you!

ANSWER: Michael - Please write back and let me know what you mean by a ten day week.  Obviously, you can only work a seven day week, and I need to understand how you are defining your terms.  Thanks.

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

QUESTION: I'm sorry, for some reason all replies from AllExperts went to my junk mail folder.

Thanks for the reply, by 10 day week, I mean 10 days straight without any day off.


Mike - a work week is a seven day period that can begin or end at any time, but must be consistent one week to the next.  If, for example, your work week is Sunday noon to the following Sunday 11:59 AM, you could work from Wednesday Noon to Sunday 11:59 AM, then from Sunday or Monday for another five days and not have worked more than 40 hours in one work week.  You need to find out what your work week is, then see whether you have worked more than forty hours in any single work week.  If you have, you are entitled to overtime; if you have not, you probably have received the correct pay.  Nothing says you have to have time off between work weeks, only that you receive overtime if you work more than forty hours in a single work week.  

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Margaret M. deMarteleire


I can answer most questions about employment law, federal or state. I am an attorney, not an HR professional, so questions about HR careers, coursework, prospects, etc. are not within my scope.


Attorney for 20 years, currently working exclusively with employment law - FLSA, FMLA, federal contracts, pay, etc.

Temple University School of Liberal Arts, BA, Rhetoric & Communication, 1982 Temple University School of Law, JD, 1990 Certificate in HR, Cornell University ILR School, 2006

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