I work six days a week, but my hours never go over 40/week. Should I be getting overtime on the sixth day?
Hi Sherrie,
Thank you for your question. Hourly employees in California are only entitled to overtime if they work:
- More than 8 hours in a day,
- More than 40 hours in a week, or
- On the seventh consecutive day in a workweek.
If you work six days in a row during a workweek, but never work more than eight hours in a single day and never accumulate more than 40 hours of work for the workweek, you are not entitled to overtime.
A “workday” for these purposes is a 24-hour period that begins at the same time each calendar day. A “workweek” is a period of seven consecutive days beginning on the same calendar day each week.
Employers are usually responsible for designating the start of the workweek. Knowing how the workweek has been designated is often important for deciding whether overtime is owed.
Anyway, I hope this information helps. If you would like to learn more about California’s overtime laws, please see our article: Overtime Wage Laws in California, Explained.
Please remember that this information does not constitute legal advice and should not be relied on. Nor does it create an attorney-client relationship.
I wish you the best of luck in your situation!