EmploymentQuestion 17 of 1632

An employee works 13 hours in one day. Under California law, how is the pay structured?

a.All 13 hours at straight time, with no premium at all
b.First 8 at straight time and the other 5 at 1.5×
c.First 8 at straight time, next 4 at 1.5×, last 1 at 2×
d.First 8 at straight time and the other 5 at 2× rate

Explanation

Labor Code §510(a) pays work beyond eight hours in a workday at no less than 1.5× the regular rate, and work beyond twelve hours in the day at no less than twice the regular rate. Thirteen hours therefore splits three ways: 8 at straight time, hours 9 through 12 at 1.5×, and the thirteenth hour at 2×. Paying all 13 straight applies the federal approach, which counts only hours past 40 in a week and has no daily overtime. Running all five extra hours at 1.5× ignores the double-time trigger at twelve hours, and running all five at 2× starts double time four hours too early.

Law Reference: Labor Code §510(a)

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