EmploymentQuestion 891 of 1605

A non-exempt framing carpenter works a 10-hour shift on a Tuesday. Under California law, how must those hours be compensated?

a.All 10 hours at 1.5 times because the shift exceeded 8 hours
b.8 hours at straight time and 2 hours at 1.5 times the regular rate
c.All 10 hours at straight time because the weekly total has not yet exceeded 40
d.8 hours at straight time and 2 hours at double time

Explanation

California uses daily overtime under Labor Code §510. Hours worked beyond 8 in a single workday must be paid at 1.5 times the regular rate. Here the first 8 hours are straight time and hours 9 and 10 are time-and-a-half. Daily overtime applies regardless of the weekly total, which is why the '40-hour' answer is wrong. Double time does not start until after 12 hours in a day, so 2 hours of daily OT is only 1.5x, not 2x.

Law Reference: Labor Code §510

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Reviewed by Abraham Chen Licensed California General Contractor (CSLB License #1101856 verify)
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