# CA Labor Law: 7+ days consecutively=OT?

**URL:** <https://boards.straightdope.com/t/ca-labor-law-7-days-consecutively-ot/300019>\
**Category:** Factual Questions\
**Created:** [April 19, 2005, 8:15am UTC](https://boards.straightdope.com/t/ca-labor-law-7-days-consecutively-ot/300019 "2005-04-19T08:15:41Z")\
**Posts on this page:** 4\
**Page:** 1

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**Author:** ![Ender\_Will](https://avatars.discourse-cdn.com/v4/letter/e/eb9ed0/32.png) [@Ender\_Will](https://boards.straightdope.com/u/Ender_Will)\
**Post date:** [April 19, 2005, 8:15am UTC](https://boards.straightdope.com/t/ca-labor-law-7-days-consecutively-ot/300019/1 "2005-04-19T08:15:41Z")

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As of today (Tuesday), I have worked seven days straight in my hourly wage job, and am scheduled for every day through Sunday. My very brief reading of the labor laws implies to me that I am entitled to overtime pay (time and a half) for everything that I work until I get a day off. The manager says “I’m pretty sure it’s only on the seventh day, and then the count starts over again. I don’t know. Talk to the owners or payroll or something.”

Anybody have any experience or knowledge here?

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**Author:** ![ouryL](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ouryl/32/6067_2.png) [@ouryL](https://boards.straightdope.com/u/ouryL)\
**Post date:** [April 19, 2005, 8:42am UTC](https://boards.straightdope.com/t/ca-labor-law-7-days-consecutively-ot/300019/2 "2005-04-19T08:42:11Z")

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As I understand it, if you work for more than 40 hours during a 7 day work week, you get overtime on anything over 40 hours. If the work week begins on Sunday(after Saturday Midnight), a new set of hours begins here also such that if you worked from Tuesday through Thursday, 8 hours a day for 10 days in a row for a total of 80 hours, you acrue no overtime, for you straddle two pay weeks.

Of course, CA law may give you more rights as well as company policy as stated in your company employee handbook. 😃

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**Author:** ![Fear\_the\_Turtle](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fear_the_turtle/32/2926_2.png) [@Fear\_the\_Turtle](https://boards.straightdope.com/u/Fear_the_Turtle)\
**Post date:** [April 19, 2005, 3:24pm UTC](https://boards.straightdope.com/t/ca-labor-law-7-days-consecutively-ot/300019/3 "2005-04-19T15:24:40Z")

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[http://www.dir.ca.gov/dlse/FAQ\_Overtime.htm](http://www.dir.ca.gov/dlse/FAQ_Overtime.htm)

A cursory look seems to imply it has to be seven days in a row in your “work week”. If your week starts on a Sunday, you could work Mon thru Sat, then Sun thru Fri (12 consecutive days) and incur no OT (assuming \< 40 hrs each week and \< 8 hrs each day).

At least that’s may take on it.

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**Author:** ![erislover](https://avatars.discourse-cdn.com/v4/letter/e/71e660/32.png) [@erislover](https://boards.straightdope.com/u/erislover)\
**Post date:** [April 19, 2005, 5:22pm UTC](https://boards.straightdope.com/t/ca-labor-law-7-days-consecutively-ot/300019/4 "2005-04-19T17:22:15Z")

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There’s also the question of exemption from OT regulations. People in management positions often don’t get OT, outside salespersons, and so on.

[http://www.dir.ca.gov/dlse/FAQ\_OvertimeExemptions.htm](http://www.dir.ca.gov/dlse/FAQ_OvertimeExemptions.htm)

Similar things apply in every state I’ve been in.