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Employment Law/Overtime pay for hours paid?

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Question
Hi, Mr. Lore!

 I recently started a new job, but need a refresher on overtime. I started on the last week of November, and by California law, the hours due from the last two weeks are to be paid by the 10th of this month. Since the 30th was a Sunday, do I still record overtime pay for hours worked through 6 Dec if I work 40+ hours? I want to make sure I'm not mistakenly double dipping or not asking for overtime pay when it's earned. If I work through Saturday, I will be at about 42.5 hours. Thanks for your help!

Respectfully,

Andrew

Answer
Andrew,

While I'm not entirely clear on your situation, I believe your primary question involves the issue of what is a "workweek".  Your employer's workweek will determine what hours fall into each week for the purpose of determining overtime pay.  This is different than your employer's pay period (eg. every 2 weeks).  The workweek is the 7 consecutive day period chosen by your employer that starts with the same calendar day each week. You should start by finding out when the workweek starts and ends for your new job.  Here is a link to the definition of a workweek under California labor law - http://www.dir.ca.gov/dlse/Glossary.asp?Button1=W

Per California labor laws, in general, wages must be paid at least twice a month on a payday designated by the employer. Overtime wages must be paid by the next regular payroll period following the payroll period in which the overtime wages were earned.

For a general refresher on California overtime rules and regulations, you can start with this overview - http://www.overtime-flsa.com/california-overtime-minimum-wage-regulations
For more information, you may want to contact the California Division of Labor Standards Enforcement (DLSE)at 1-844-522-6734 or at the wage and hour section of their web site - http://www.dir.ca.gov/dlse/DLSE-FAQs.htm

I hope this information helps and good luck in your new job.

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Michael Lore

Expertise

I will take questions regarding employment law, with a focus on wage and hour issues involving overtime pay under the Fair Labor Standards Act (FLSA) and applicable state laws (eg. California).

Experience

I am an attorney with 15+ years experience in the area of labor and employment law, with a practice that concentrates heavily in the area of wage and hour litigation - involving unpaid overtime wages, commissions, work related expenses and vacation pay.

Organizations
American Bar Association, American Association for Justice, National Employment Lawyers Association

Education/Credentials
BBA in Finance, J.D.

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