EmploymentQuestion 893 of 1632

An employee works Monday through Saturday, 8 hours each day, for a total of 48 hours in the workweek with no single day exceeding 8 hours. How many hours qualify for overtime?

a.8 hours at 2 times the regular rate
b.8 hours at 1.5 times the regular rate
c.None; no single day exceeded 8 hours
d.16 hours at 1.5 times the regular rate

Explanation

Labor Code §510 gives California both daily and weekly overtime. No day passed 8 hours, so no daily overtime accrues, but 48 hours worked means 8 hours over the 40-hour weekly line, payable at 1.5x. (a) applies the double-time multiplier, which §510 reserves for hours past 12 in a day or past 8 on the seventh consecutive day. (c) is the common belief that California abolished weekly overtime once it adopted the daily rule; both rules operate. (d) counts the entire sixth day as overtime, which would be correct only if the sixth day were the seventh consecutive day of the workweek. An employer applies whichever rule pays more but may not pyramid the two on the same hours.

Law Reference: Labor Code §510

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