When Does an Employee Get Double Time Pay?

Let’s Talk Business Kingmaker Society Community Chat When Does an Employee Get Double Time Pay?

  • Post
    Chelcy
    Keymaster
    Federal law has no provision for double time pay (see statement), but California law does. State labor laws add to Federal labor laws so that they can provide additional protections for workers.

    California Workers Get Double Time Pay In Two Cases

    1. Hours exceeding 12 in a day

    When the hours worked in one day exceed 12, employees are paid double time for all time worked thereafter during that workday.

    2. Seventh consecutive day after 8 hours

    Employees who work seven consecutive days are entitled to double time pay after the first 8 hours on that seventh workday.

    From the California DIR:

    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.

    Why employees might not get double time

    If the 7th day falls outside of the workweek, double time would not apply. A workweek starts over after 7 days so if an employee works 5 days in one workweek and 2 in another, the 7th consecutive day rule would not apply. The same is true of workdays. Read more about it here.

     

    SOURCE: https://www.timesheets.com/blog/2009/12/employee-paid-double-time/

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    Maricar Kim
    Participant
    I work P/T for a major company. Our work week starts on Sundays. On Sunday I worked 11 hours and I am working 6 hrs a day M-F and 11 hours on Sat. I understand the pay scale on the weekends, pretty straight forward. I do not understand how it will work for the week. Tues is my 7th day…. Am I not entitled to O/T because I do not work 8 hrs M-F?
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    Chelcy
    Keymaster

    Maricar Kim: I work P/T for a major company. Our work week starts on Sundays. On Sunday I worked 11 hours and I am working 6 hrs a day M-F and 11 hours on Sat. I understand the pay scale on the weekends, pretty straight forward. I do not understand how it will work for the week. Tues is my 7th day…. Am I not entitled to O/T because I do not work 8 hrs M-F?

     

    You mentioned that your business’ work week starts on Sunday every week, so let’s assume that your work week starts on Sunday at 12:00am and ends on Saturday at 11:59pm. If you’re in California, you get overtime pay when you work over 8 hours in a given day and double time when you work 12 hours or more. Remember, you are not subject to double time pay when the 7th day falls outside of your workweek. Let’s break down your hours (assuming that you’re not working overnight and/or splitting your shifts):

    Day 1- Sunday= 8 hrs 1.0x pay and 3 hrs of 1.5x pay;

    Day 2- Monday= 6 hrs 1.0x pay;

    Day 3- Tuesday= 6 hrs 1.0x pay;

    Day 4- Wednesday= 6 hrs of 1.0x pay;

    Day 5- Thursday= 6 hrs of 1.0x pay,

    Day 6- Friday= 6 hrs of 1.0x pay;

    Day 7- Saturday= 8 hrs of 1.0x pay and 3 hrs of 2.0x pay.

    Tuesday is not your 7th consecutive work day because you said that you started on Sunday and ended on Saturday. Saturday would be the 7th day in a row that you worked, and you would earn double time only after your first 8 hours of work. You do not earn any overtime on the days that you work only 6 hours because the law in California says that you earn overtime after 8 hours, not 6. With the scenario you gave, the only days you would truly earn any overtime is on a Sunday or Saturday because you worked more than 8 hours.

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    Chelcy
    Keymaster

    Maricar Kim: I work P/T for a major company. Our work week starts on Sundays. On Sunday I worked 11 hours and I am working 6 hrs a day M-F and 11 hours on Sat. I understand the pay scale on the weekends, pretty straight forward. I do not understand how it will work for the week. Tues is my 7th day…. Am I not entitled to O/T because I do not work 8 hrs M-F?

     

    You mentioned that your business’ work week starts on Sunday every week, so let’s assume that your work week starts on Sunday at 12:00am and ends on Saturday at 11:59pm. If you’re in California, you get overtime pay when you work over 8 hours in a given day and double time when you work 12 hours or more. Remember, you are not subject to double time pay when the 7th day falls outside of your workweek. Let’s break down your hours (assuming that you’re not working overnight and/or splitting your shifts):

    Day 1- Sunday= 8 hrs 1.0x pay and 3 hrs of 1.5x pay;

    Day 2- Monday= 6 hrs 1.0x pay;

    Day 3- Tuesday= 6 hrs 1.0x pay;

    Day 4- Wednesday= 6 hrs of 1.0x pay;

    Day 5- Thursday= 6 hrs of 1.0x pay,

    Day 6- Friday= 6 hrs of 1.0x pay;

    Day 7- Saturday= 8 hrs of 1.0x pay and 3 hrs of 2.0x pay.

    Tuesday is not your 7th consecutive work day because you said that you started on Sunday and ended on Saturday. Saturday would be the 7th day in a row that you worked, and you would earn double time only after your first 8 hours of work. You do not earn any overtime on the days that you work only 6 hours because the law in California says that you earn overtime after 8 hours, not 6. With the scenario you gave, the only days you would truly earn any overtime is on a Sunday or Saturday because you worked more than 8 hours.

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