If you work more than 35 but fewer than 40 hours in a workweek, you will be entitled to be paid for the extra hours at your regular rate of pay unless you work over eight hours in a workday or 40 hours in a workweek. In other words, assuming you are employed under a policy that provides for a 35-hour workweek, the law does not require the employer to pay the overtime premium until after eight hours in a workday or 40 hours in a workweek.
However, in circumstances where the workweek is less than 40 hours, the law does not require payment of the overtime premium unless the employee works more than eight hours in a workday or more than 40 hours in a workweek. For example, if you work 32 to 38 hours each week, there is an agreed average workweek of 35 hours, and thirty-five hours is the figure used to determine the regular rate of pay. The agreed upon regular hours must be used if they are less than the legal maximum regular hours. The alternate method of scheduling and computing overtime under most Industrial Welfare Commission Wage Orders, based on an alternative workweek schedule of four 10-hour days or three 12-hour days does not affect the regular rate of pay, which in this case also would be computed on the basis of 40 hours per workweek. It is important to determine what maximum is legal in each case. This maximum may also be affected by the number of days one works in a workweek. Ordinarily, the hours to be used in computing the regular rate of pay may not exceed the legal maximum regular hours which, in most cases, is 8 hours per workday, 40 hours per workweek. In no case may the regular rate of pay be less than the applicable minimum wage. The regular rate of pay includes a number of different kinds of remuneration, such as hourly earnings, salary, piecework earnings, and commissions. Overtime is based on the regular rate of pay, which is the compensation you normally earn for the work you perform. What is the "regular rate of pay," and how is it determined? (For special rules regarding overtime for agricultural workers, please see Overtime for Agricultural Workers.) In other words, an exception is a special rule. An "exception" means that overtime is paid to a certain classification of employees on a basis that differs from that stated above. There are also a number of exceptions to the general overtime law stated above. An "exemption" means that the overtime law does not apply to a particular classification of employees. There are, however, a number of exemptions from the overtime law. Double the employee's regular rate of pay 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.One and one-half times the employee's regular rate of pay for all hours worked in excess of eight hours up to and including 12 hours in any workday, and for the first eight hours worked on the seventh consecutive day of work in a workweek and.
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