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If I work 48 hours in one work week, are those last 8 OT even if some of the 40 were payed as overtime as well?

Escondido, CA |

Does it matter what pay I get for the first 40 hours of a workweek(reg or OT) in determining the limit for the remaining 8 to be considered OT as well?
Please reference CA code

Attorney Answers 3


It's a good question, I had to look it up again, but it actually does matter. You can't "pyramid" the OT hours on top each other--you're owed OT for whatever is greater, the number of hours over 12 each day or the number of hours over 40 in a week. If you want to read the Court of Appeals opinion where they decided this, I'm gonna post a link.

If you're not getting paid what you're owed and/or not getting meal and rest breaks or other problems with your employer, you should talk to a lawyer. You should get a free consultation on a case like this.

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overtime is anything over 40 hours in a week. talk to your local attorney so they can evaluate your situation.

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The answer here will also depend on whether you bring a claim under the federal FLSA or the California state Labor Code. In California, any time worked over 8 hours a day is overtime, and any time worked more than 40 hours in a week is overtime. Thus, for the first 3 days and four hours, you would get overtime for the time worked more than 8 hours in the day. At the point you reach 40 hours in the workweek, all time thereafter is at overtime.

You never get to double up overtime for the same hour worked.

Good luck to you.

This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.

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