Overtime question

Either way it adds up to the same thing. I dont know how you came to 32 hours of OT since if you look at your own calculations you worked 7 hours ot the first 2 days and 2 hours ot on wednesday. There was your overtime right there, 16 hours. You worked 56 hours, you subtract 40 from that, and you have OT.

Anyway this is totally standard.

^ this. how can u possibly get 32 hours OT? when u only work an extra 16? makes no sense

Because he stated that if you work over 8 hours a day then it automatically goes to overtime. So Mon/Tues is 16 hours and 14 hours of OT and Wed is a 8/2. Where things are confusing is he thinks if he he adds in his hours up unto this point then it is at 40 and everything afterward should be OT.. But they aren't going to pay you over time on the first hours Mon-Wed and also include them in the usual forty if you have to work anyway.

By definition of your first couple lines, you're entitled to 6 hours of OT at x2, and 10 hours at x1.5.

This is 16 hours albeit at different rates. It looks like you're trying to double charge them for the same hours. A longer day worked means you get OT, but don't add the common work day 8 hour shift into the mix as well. If you're longer shifts happened later in the week, you wouldn't be double charging them. You have your basis 5x8hr days and whatever hours after that and weekends is OT.

Op west is kind if addressing what I am saying. The first three days I work 40 hours. Anything after 40 is ot. So why wouldn't thurs and Friday be overtime since I've already broke my back earlier in the week and am now working tired on my 41st-56th hour on Thursday and Friday?

So what you guys are saying is that overtime hours don't go towards that 'first forty'

If the big shifts happened later in the week you are right the bogus ot calc I started with would be different

Friday 8 hours no ot
Thurs 8 hr no ot
Wed 10 hr 2 ot
Tues 15 hours 7 ot
Mon 15 hours but now since I've already worked 41 hours this whole day is ot so 15 hours of ot

24 hours ot.

This must be wrong though because the sequence of hours doesn't really matter and the 'after 40 is ot' just applies to hours worked after 40 REGULAR hours

And the second question.

Overtime on a holiday. Holiday pay is 1.5x like regular ot.

So when working ot on a holiday should that overtime be 1.5x my holiday rate of pay or 1.5x my regular rate of pay?

Reg pay is 20. Holiday is 30. Reg ot is 30.

So is holiday ot 30/hr or 45/hr

I would just ask hr but she can't tie her own shoes

Just think of anything worked over 40 as over-time.

If you try to play the anal-retentive numbers game with your boss, I'd be willing to bet that you won't have to worry about calculating over-time any more.

in North Carolina overtime accrues after 40 hours. I am not familiar with California state law, but I think that they will be pretty consistent state to state. From the US Department of Labor:

http://www.dol.gov/dol/topic/wages/overtimepay.htm#.UMlYAXecmFg


I am not aware of any daily worked-hour limits where any hours in excess of 8 are calculated as overtime. I suppose if you are confident your hours are being misrepresented or your overtime pay is not appropriately paid, you could report to the Department of Labor in your area.

That's why I'm asking u guys Devon

I work for a big company so I doubt they are screwing up but the conclusion is that you have to work forty regular hours before ot kicks in? doesn't matter if I work tons of ot early because the ot hours don't go towards that 'first forty'

California Labor Law Code states:

510. (a) Eight hours of labor constitutes a day's work. Any work in
excess of eight hours in one workday and any work in excess of 40
hours in any one workweek and the first eight hours worked on the
seventh day of work in any one workweek shall be compensated at the
rate of no less than one and one-half times the regular rate of pay
for an employee. Any work in excess of 12 hours in one day shall be
compensated at the rate of no less than twice the regular rate of pay
for an employee.

So basicly for any hour to qualify as OT it should be either fall under any of the following categories:

a) Any hour over 8 hours in one workday

or

b) Any hour over 40 hours in one workweek


Hence you worked 16 hours that qualify for category a and 16 hours that qualify for category b. All these hours should be compensated as OT. However these categories are not mutually exclusive. For category a you basicly have to look at any hour worked in a day over 8 hours of work and for category b you have to look at the hours over your regular workweek (aka 5 x 8 hours is the regular workweek). You can't say on wednesday evening: "I worked forty hours so every other hour is OT", no: you worked 24 hours and you did 16 hours of OT. The OT does not count towards your regular workweek. Here is the regular definition of OT:

o·ver·time (vr-tm)
n.
1. Time beyond an established limit, as:
a. Working hours in addition to those of a regular schedule.
b. Sports A period of playing time added after the expiration of the set time limit.
2. Payment for additional work done outside of regular working hours.

Aka any hour outside your regular work schedule.

I want to make an analogy to clarify the following sentence in the labor code: "Any work in
excess of eight hours in one workday and any work in excess of 40
hours in any one workweek" and to stress the importance of the "any work"

Say you build guitars, it takes 8 hours to build a guitar and your boss pays you 20$/h.

In a normal workweek you build 5 guitars, one each day. But this is a busy week so you he wants you to build more.

You end up building 7 guitars this week, you worked a total of 16 hours more than your regular work schedule:

Monday you work 15 hours
Tuesday 15 hours
Wednesday 10 hours
Thursday 8 hours
Friday 8 hours

Now what work you have done this week qualifies to OT? You build 2 guitars more than normally, this is the extra work (any work) you have done. Hence the time it took to build 2 guitars should count towards OT: 16 hours.

I hope this makes any sense.

Im not sure why youre counting some hours as overtime+regular hours. The 7 hours after the initial 8 on Monday for example, are either counted as overtime hours or are going towards your standard 40, not both. You couldn't work 40 hours Monday-Wednesday in a 15/15/10 arrangement that you said then just not show up for work on Thursday/Friday, because you still have your regular hours to work where theyre relying on you. So the only 'overtime' you did in that example week is after the initial 8 hours on Monday, Tuesday and Wednesday, which totals 16.

I think you might be confusing overtime hours are 'any hours after the initial 40' as meaning any hours after the first 40 served in the week, nomatter how many were overtime hours, instead of 'any hours after the initial 40' meaning the initial 40 youre already booked in for as your standard 8 hours a day Mon-Friday gig.

I might just have no idea how US employment works tho being British and this might genuinely be hard to understand.

On December 12 2012 22:48 traxamillion wrote: I work for a big company so I doubt they are screwing up but the conclusion is that you have to work forty regular hours before ot kicks in? doesn't matter if I work tons of ot early because the ot hours don't go towards that 'first forty'

Correct, there have been plenty of times I worked 12+ hours for a few days and then told to go home early or take a friday off or whatever to keep my hours consistent at 40. OT is typically calculated on a weekly scale. So for instance, if you worked 50 hours on week 1, and 30 hours on week 2, you'd still come out ahead because the 1.5x rate for week 1 exceeds the deficit of week 2.

On December 12 2012 23:46 Flexible88 wrote: California Labor Law Code states: 510. (a) Eight hours of labor constitutes a day's work. Any work in excess of eight hours in one workday and any work in excess of 40 hours in any one workweek and the first eight hours worked on the seventh day of work in any one workweek shall be compensated at the rate of no less than one and one-half times the regular rate of pay for an employee. Any work in excess of 12 hours in one day shall be compensated at the rate of no less than twice the regular rate of pay for an employee. So basicly for any hour to qualify as OT it should be either fall under any of the following categories: a) Any hour over 8 hours in one workday or b) Any hour over 40 hours in one workweek Hence you worked 16 hours that qualify for category a and 16 hours that qualify for category b. All these hours should be compensated as OT. However these categories are not mutually exclusive. For category a you basicly have to look at any hour worked in a day over 8 hours of work and for category b you have to look at the hours over your regular workweek (aka 5 x 8 hours is the regular workweek). You can't say on wednesday evening: "I worked forty hours so every other hour is OT", no: you worked 24 hours and you did 16 hours of OT. The OT does not count towards your regular workweek. Here is the regular definition of OT: o·ver·time (vr-tm) n. 1. Time beyond an established limit, as: a. Working hours in addition to those of a regular schedule. b. Sports A period of playing time added after the expiration of the set time limit. 2. Payment for additional work done outside of regular working hours. Aka any hour outside your regular work schedule. I want to make an analogy to clarify the following sentence in the labor code: "Any work in excess of eight hours in one workday and any work in excess of 40 hours in any one workweek" and to stress the importance of the "any work" Say you build guitars, it takes 8 hours to build a guitar and your boss pays you 20$/h. In a normal workweek you build 5 guitars, one each day. But this is a busy week so you he wants you to build more. You end up building 7 guitars this week, you worked a total of 16 hours more than your regular work schedule: Monday you work 15 hours Tuesday 15 hours Wednesday 10 hours Thursday 8 hours Friday 8 hours Now what work you have done this week qualifies to OT? You build 2 guitars more than normally, this is the extra work (any work) you have done. Hence the time it took to build 2 guitars should count towards OT: 16 hours. I hope this makes any sense.

Exactly what I was looking for thanks bro, and thanks everyone