What are the rules for handling ‘seventh day’ overtime pay? — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily
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What are the rules for handling ‘seventh day’ overtime pay?

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Q. One of my employees worked four 10-hour days this week. His last day of work fell on Sunday, the seventh day of our workweek. We do not currently have an alternative work schedule arrangement. Do we have any overtime obligations to this employee?

A. As most employers are aware, nonexempt employees are generally entitled to time and a half for hours worked over eight in a workday, and the first eight hours on the seventh consecutive day of work. Labor Code Section 510 also requires payment of twice the employee's regular rate for work in excess of 12 hours in one day and “any work in excess of eight hours on any seventh day of a workweek.”

There has been some confusion as to whether this provision requires employers to pay double time for hours worked on the seventh day of the workweek or the seventh consecutive day of work. The Industrial Welfare Commission's draft interim-wage order states that employers are required to pay premium wages for the seventh consecutive day of work.

In your situation, the employee is only entitled to two hours of overtime for each workday. Because the employee has worked just four consecutive days, he is not entitled to time and a half for the first eight hours or double time for the next two hours for working on the seventh day of the workweek.

Employers should also note that the seven consecutive days must fall within the same workweek. Thus, if an employee works four consecutive days (e.g., Thursday to Sunday) and then works the first three days of the following workweek (Monday to Wednesday), he or she would not be entitled to seventh-day premium pay for work performed on Wednesday.

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