Paying DT on 7th day
Kymm
140 Posts
I am asking this as a California employer... when an employee works 7 consecutive days, we need to pay him DT for any hours he works over 8 on that 7th day. My question is.. does that also depend on if that 7th day is in the same workweek or not? Our workweek is Sun. - Sat.
Say he works Mon - Sunday, would we still pay him that DT on Sunday, even though it's actually in the next "payweek"?
Say he works Mon - Sunday, would we still pay him that DT on Sunday, even though it's actually in the next "payweek"?
Comments
Eight hours of labor constitutes a day's work, and employment beyond eight hours in any workday or more than six days in any workweek is permissible provided the employee is compensated for the overtime at not less than:
1. One and one-half times the employee's regular rate or pay for all hours worked in excess of eight hours up to and including 12 hours in any workday, and for the first eight hours worked on the seventh consecutive day of work in a workweek; and
2. Double the employee's regular rate or pay for all hours worked in excess of 12 hours in any workday and for all hours worked in excess of eight on the seventh consecutive day of work in a workweek.
My take on this is that in your example, you do not pay for the 7th consecutive day since this is the first day in the next workweek. You can verify this by calling the Division of Labor Standards Enforcement at (415) 703-5300.
Then the Sunday should be on following workweek.
JMO,
LIsa