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When is an Employee Paid Double Time?

The Fair Labor Standards Act (FLSA) has no requirement for double time pay (see statement), but the California Department of Industrial Relations does, and the state laws trump the Federal laws when it comes to 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 every hour worked thereafter.

2. Seventh consecutive day

If an employee works seven consecutive days, they 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.

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Timesheets.com is an online time tracking software that takes the headaches out of time calculations. Our software can be configured for complicated California rules and you’ll never have to think about it again!

119 Comments

  1. […] The rules are actually quite simple. Overtime is calculated as one and a half times the regular pay rate for all hours and fractions of an hour worked over 40 in one week. In California overtime is also added to any hours worked over 8 in one day. You can find more California overtime policies in the post When is an Employee Paid Double Time? […]

  2. Guillermo
    Guillermo September 3, 2014

    We worked 6 days straight and came back the next day on a Sunday and keep going all the way to Friday is that consider double time since Sunday started a new pay period

    • Timesheets
      Timesheets September 4, 2014

      Hi Guillermo,

      It is not likely to be since it was not 7 consecutive days in the same workweek. The Department of Labor uses the word “workweek” in it’s definition here: “Any work in excess of 12 hours in one day and any work in excess of eight hours on any seventh day of a workweek shall be paid no less than twice the regular rate of pay.”

      However, I have heard of the courts making special judgements on a case by case basis. If this happened all the time and the courts saw it as abuse of the definition, the company may be liable for double time payments. But, I am not a lawyer and am not the one to ask. If you really feel you are being abused by your employer, contact an employment lawyer for help.

  3. Joe
    Joe November 2, 2014

    ok, what if you work mon – fri. and get overtime each day? Then go in that SAT. for over 8 hrs,..then SUN. for 8 ? this put us OVER 60hrs before SUNDAY. should SUNDAY be double time???Is there an over 60 consecutive hr rule in play here???

    • Timesheets
      Timesheets November 3, 2014

      The two conditions that I am aware of come from the Department of Labor’s website and that is: “Any work in excess of 12 hours in one day and any work in excess of eight hours on any seventh day of a workweek shall be paid no less than twice the regular rate of pay.”

      So if you’re not working over 12 hours in one day and you’re not working over 8 hours on that 7th day, then you are not entitled to double time.

      • Joe
        Joe November 4, 2014

        7th day? so we can work 100 hrs Mon -Sat. ? then work that SUNDAY for just overtime pay?????

  4. Timesheets
    Timesheets November 4, 2014

    Technically, you could work 80 hours in a week and not get double time: 12 hours times 6 days, plus 8. And that is just in California. Most of the rest of the country does not require that double time be paid at all.

    There are some laws in place to protect employees but, clearly, they’re not perfect and often not enough.

  5. […] Our blog attracts both employers and employees who are searching for answers to their employment related questions. Last week, one of our posts, When is an Employee Paid Double Time, attracted the attention of a Californian employee who felt he was being abused by his employer, or at least, so I gathered from the tone in his comment. […]

  6. Michael
    Michael November 18, 2014

    Ok so heres my situation this week…on this sunday im normally scheduled 1-930 pm but im staying till 3 am and on Thursday Thanksgiving Day Im doing the same thing instead of leaving at 930 im staying till 3 am. At my job during the holiday weeks we get paid for 48 hours instead of 40 but im trying to figure the OT. So on those two nights after 930 ill get regular time and a half until 130 am then its double time till i clock at 3 am right? Or no? Help please

    • Timesheets
      Timesheets November 19, 2014

      Are you clocking out for lunch? I would guess you’re clocking out for 30 minutes since you said that you should start accumulating overtime after 9:30. If this is correct, then at 9:30 you will have worked 8 hours. By 1:30am you will have worked 12 hours. So any work you do after 1:30 should be double time… if you are in California. Sounds like you figured correctly!

      • Mike P.
        Mike P. December 16, 2016

        I’m in CA and I work from 2 pm until 4 am most nights. My company is saying that at 12 am a new day starts so I am not entitled to double time. Is that legal?

        • Peggy Emch
          Peggy Emch December 20, 2016

          That is correct, Mike, yes. Getting double time after 12 hours in a day is defined within a work day. But the double time will even out if you work this shift regularly. For example, you work from 12am-4am – that’s 4 hours. Then you come in again at 2pm until 12am – that’s 10 hours. So your total hours worked for the day is 14 hours.

  7. Anthony W
    Anthony W January 15, 2015

    Ok so on 01/03 friday i came into work at 5am left at 3:07 before i left i was ask to come back at before a six hour mark, when i came back i clock in at 7:47pm friday then clock out Saturday morning at 2:45am. Now the time when i was ask to come back to work from 7:47pm friday to Saturday 2:45am is that considered double time?

  8. Mike
    Mike May 22, 2015

    I am paid hourly ad worked a full 40 hours Mon thru Fri. I was askd to travel via air for a customer project leaving Fri afternoon and returning SUnday afternoon. I will be at customer site and staying at local hotel. What starts and stops the clock for the weekend trip.

  9. Johnny
    Johnny July 17, 2015

    If I work 12 hours on a holiday do i get paid double time for the 4 hours?

    • Peggy
      Peggy July 20, 2015

      Getting paid double time for working on holidays is a company benefit not a Federal law. Not all companies offer that benefit. There may be differences in the law on the State level so you should look it up for your state.

      • Johnny
        Johnny August 1, 2015

        Ok thank you

  10. claire S Eugene
    claire S Eugene July 30, 2015

    for this week I have work over 60 hours should I be paid Double time?

    • Peggy
      Peggy July 30, 2015

      That depends on a lot of factors, Claire. When were those hours worked and what state do you live in?

  11. LG
    LG August 3, 2015

    Started work on Tue 7/21 at 7:45 AM. Took lunch from 1:45 PM to 2:45 PM. Worked overnight, non-stop, for a payroll deadline of 12:00 PM on Wednesday. Finished work at 1:15 PM on Wed 7/22. I worked 28.5 hours with a 1 hour lunch with my manager’s approval. What are my overtime and double overtime hours? Thank you. – LG

    • Peggy
      Peggy August 3, 2015

      Hi LG,

      Why don’t you ask your boss to sign up for a Timesheets.com account? You could track your hours and know exactly what your overtime and double time should be.

  12. Howard
    Howard August 14, 2015

    What aboutvthe days thst follow that 7th day? As example…I work grave shift starting on a mon at 7PM…I get off 8 hrs later, Tues @ 3AM…so technically I work Mon-Sat…but if I cover a shift on a Sat that rools into Sun (day 7) then start my normal schedule…..are all the days following that sun going to pay double time until I have a day off?

    • Peggy
      Peggy August 28, 2015

      That is a really great question, Howard. I would guess that the clock turns back to straight time with the beginning of the next week but I looked for confirmation anyway. Here is what I found:
      “FAQ – I worked 9 days in a row, don’t I get double time after working 7 days in a row?

      Even if you do work the 7 days in the same week, you automatically go back to straight time when the new week starts. The employer does not have to give you any time off and you automatically go back to straight time.”

      http://www.gotovertime.com/FAQ/daily-weekly-hours-worked-overtime.html

  13. John snyder
    John snyder September 13, 2015

    If I work 16 hours and 0001 splits the 16 hour to be 8 on one day and 8 on the other day do I still get double time

    • Peggy
      Peggy September 14, 2015

      From: http://www.gotovertime.com/FAQ/daily-weekly-hours-worked-overtime.html

      “FAQ – I worked from 4PM on one day until 8AM the next day, am I entitled to overtime? Double time?

      In most cases, no. Although you worked 16 consecutive hours in the same shift, overtime is computed on a daily basis, not on a per-shift basis. Using the per-day basis, overtime “resets” at midnight. Thus, this situation would be computed as 2 days of 8 hours each and no overtime would be due (assuming you did not work any other hours that day). However, if you worked 4PM to 8AM and then 4PM to 8AM on back to back days, this would be 8 hours on day 1, 16 hours on day 2, and 8 hours on day 3. The day middle day would be paid at 8 hours straight time, 4 hours overtime, and 4 hours double time.”

  14. MIke
    MIke October 8, 2015

    I work Sunday through Thursday eight hours, but on Friday I work twelve hours. Would the first eight hours be consider overtime and the additional four double time? Or would all twelve hours worked on Friday be consider overtime only? We close our pay period on Saturday.

    • Peggy
      Peggy October 8, 2015

      Hi Mike,

      You would not get double time at all since you are not exceeding 12 hours in one day or working 7 days in a row. But you should get 12 full hours of time and a half.

  15. Selina
    Selina October 30, 2015

    Hi I’m working 8 -1/2 hours a day for 14 day straight am I title to double time pay???

    • Peggy
      Peggy November 5, 2015

      If you are in California, then you probably are entitled to a half hour of overtime on the 7th day.

  16. mike
    mike November 4, 2015

    If I only clock in for one hour on the seventh day in my work week, does that grant me seventh day pay?

    • Peggy
      Peggy November 5, 2015

      As stated in the post, “If an employee works seven consecutive days, then for the first 8 hours on that seventh day they are paid time and a half, but for each additional hour, they are paid double time.”

  17. Alex
    Alex November 9, 2015

    My schedule is Thursday to Thursday I worked about 75 hours last week on the 7th day do I get paid time and a half and after the 8th hour double time?? Also if I work 2 weeks straight after the the 7th day going to my 8th day would it all be double time? Or would it be the 8th day after 8 hours will be double time?

  18. mike
    mike November 10, 2015

    K I get paid once a week my boss took my over time and moved it to the next week so he dint have to pay it is that aganst the law or can he do that

  19. vernon callum
    vernon callum November 17, 2015

    I work 10 hrs 7 days a week in June and July and we are told it’s only time and a half shouldn’t it be double time after the 8th day

  20. Frank Jimenez
    Frank Jimenez November 18, 2015

    I work from 4pm-12:30am is it considered over time after that if they ask me to work till 4am?

  21. Chee
    Chee November 19, 2015

    So memorial day was a holiday pay on Monday. I worked Tuesday till Sunday. Is that consider double pay since Monday was a holiday pay?

  22. Nicol
    Nicol November 19, 2015

    I work eight hours each day for five days some days I work 12 hours does that mean after my eight hours on the days that I work 12 hours it’s doubletime? Please help me I really cannot figure this out

  23. Edgar Hernandez
    Edgar Hernandez November 20, 2015

    If I worked 2 straight weeks and continued working for 3 more days, are the 3 days paid in double pay?

  24. Jackie
    Jackie November 23, 2015

    I worked Monday-Friday 14 hours per day equalling 42 hours then I worked Friday another 10 hours as well as Saturday 10 hours. Should I get time and a half not straight time?

  25. Brianna
    Brianna December 16, 2015

    I have a question so I worked a double Dec 1st & 2nd how should I be getting paid I make 11.00 a hr

  26. Brianna
    Brianna December 16, 2015

    I also did a 24hr but they said @ midnight it makes another day so it wasn’t 24hrs even though I was there working for 24hrs straight

  27. David
    David December 16, 2015

    I live in California and I work 4 10 hr days for my 40 hr work week. When does double time kick in? How many hours is it over 50 in a week or 60?

  28. anthony cortes
    anthony cortes December 23, 2015

    i just finished a shift from 1-9:36 with a 43 min lunch and i have to go in at 6 am tomorrow would that be considered ot?

  29. cathy hall
    cathy hall December 26, 2015

    hi my name is Kathy and I have a question if I am working over 40 hours in a week and I work on a holiday and I get over 40 hours on that day do my employer have to pay me double or does it stay time and a half from the 41 hours on?

  30. Charles Loftin
    Charles Loftin December 28, 2015

    Worked a 9 hour shift, was off at 6:15pm called back to work that same night at 9:00pm to 5:00am. Manager said I was awarded over time until 12:00 Am, but was only paid my base pay from then on till 5:00Am. Because it was the start of a new day. I worked it straight with a paid lunch.

    • Peggy
      Peggy December 28, 2015

      That sounds normal. Once the new work day starts, even if it’s within the same shift, the clock resets for overtime.

  31. Sophia
    Sophia December 30, 2015

    Hello, We worked from Monday through Saturday (8hrs) Sunday (7.6 hrs). Is it Sunday doble pay?

    Thank you, Sophia

  32. Lewis
    Lewis January 7, 2016

    I started work at 7:00am on a Monday morning and did not leave until 5:30pm on Tuesday. The majority of hours were handling several emergency situations. How should my overtime be calculated?

    • Peggy
      Peggy January 11, 2016

      Hi Lewis,

      Assuming that your workday ends at 12am, then you worked 17 hours in one day. The first 8 hours are straight pay, the next 4 hours are time and a half, and then the next 5 hours are double time. You can do the same thing with the next day – your shift being from 12am to 5:30pm.

  33. zack
    zack January 10, 2016

    I work for a Christmas light company, last year we worked between 60-80 hrs a week some shifts exceeding 18 hrs, going weeks without days off. My question is this. We were told that we could either work all the hours and be paid time and a half only no double-time, or he would hire a bunch more guys and we would receive no overtime. Is that right? Also we were schduled 4, 10 hr shifts so overtime wasn’t until after 10 hrs. I still work for this company.

    • Peggy
      Peggy January 11, 2016

      Well Zack, the rules are the rules so if he presented you with options that go against California overtime rules, then it probably was a violation of those rules. I see how it puts you in a pickle though. He says, if you don’t like my rules, then you won’t get overtime at all. Obviously, you’d rather have the hours and the time and a half than get a smaller paycheck. The fact is, though, if you’re in California and you worked an 18 hour shift, you were almost certainly due double time. (To be due double time you must work over 12 hours in one “work day”. If you started your shift at noon and your workday is over at midnight, you wouldn’t end up being due any double time.)

  34. J.bare
    J.bare January 11, 2016

    If I work 13 days in a row (normally 8 hours a day) when do the days turn to double time?

    • Peggy
      Peggy January 11, 2016

      “If an employee works seven consecutive days, then for the first 8 hours on that seventh day they are paid time and a half, but for each additional hour, they are paid double time.”

  35. Truley Demarco
    Truley Demarco January 18, 2016

    Hello, so our work week is Friday to thursday, I work 8 hours on on each day give or take some overtime on some of those days, for the past two Saturday and Sundays I have worked and I am about to start the work week again and I think I will be working this weekend again so that will be a total of three weeks and no day off. Am I entitled to double overtime?

  36. Lovely jackson
    Lovely jackson January 20, 2016

    I work 7 days straight 8 hours a day is the seventh day considered double time

  37. Kristine
    Kristine March 1, 2016

    Our guys work 10hr days, 4 days a week. We pay overtime for anything over 40hrs. a week. Now they are asking about Double-time pay. When would that kick in?

    • Peggy
      Peggy March 2, 2016

      Double time doesn’t kick in, in California, until the 12th hour worked in a single workday. Your employees aren’t working those long shifts, nor are they working 7 days in a row so it doesn’t sound like you owe them double time.

  38. Serena
    Serena March 1, 2016

    My son had to work a double shift doing security because 3 people didn’t show up. He worked 17.5 hours straight and they will only pay him overtime for the hours after 8 hours.

  39. Jessica
    Jessica March 4, 2016

    So I work 9 days straight with no break however this was in 2 different pay periods is this legal and should I be getting paid OT or double time??

    • Peggy
      Peggy March 7, 2016

      To qualify for the 7th day rule in California, the seven consecutive days must be in the same workweek. It is legal for employees to work 9 days straight.

  40. S.Samual
    S.Samual March 7, 2016

    Hey Peggy,

    Last 2 weeks I worked 12 day straight. I work full time M-F 8:30am -5:30pm but had to cover Sat-Sunday for 6 hours each day due to coworkers calling in sick. After that week I worked my normal shift again Monday-Friday with no days off. Am I eligible for double Overtime? For both week my total hours were 94hr.

    • Timesheets.com
      Timesheets.com March 18, 2016

      Hi Samual,

      It sounds to me like you’re not eligible for double time since you never exceeded 12 hours in a day and on the 7th day did not work more than 8 hours.

  41. Nicholas Gonzales
    Nicholas Gonzales March 15, 2016

    hello i work 12 hour days in california , 3 days a week. I worked thursday night 1800-0630. my boss required a mandatory meeting friday morning 0700-0800. I think it should be double time but my boss said no. Im scheduled to work friday night again at 1800-0630.

  42. Gina
    Gina March 22, 2016

    I worked for two weeks straight totaling 145 hours. I was paid other at time and a half. Should I have received double time at some point during these two weeks?

  43. Brent
    Brent April 15, 2016

    I have a question if I work Monday through Saturday 10 hours a day should I get double time for 2 hours on Saturday since Saturday is all overtime wouldn’t that make saterday 2 hours of double time

  44. Aaron Sebring
    Aaron Sebring April 24, 2016

    I live in Arizona and worked 23 days in a row getting around 163 hours in two weeks and 132 hours in the next two weeks, am I entitled to double time?

    • Timesheets.com
      Timesheets.com April 26, 2016

      Hi Aaron. I am not familiar with Arizona labor laws.

  45. Carlos
    Carlos April 26, 2016

    I may get a job that has a 12 hour daily schedule of 5pm to 5am (half hour lunch) Monday thru Friday
    so the first three days Monday, Tuesday and Wednesday, the first 8 hours are regular time and the last 4 are over time

    after this is where I have questions.

    on the fourth day Thursday the first four hours are regular time right? but that leaves me with 8 hours left in the work day and overtime starts at the 5th hour right? because I’ve reached 40 hours into my work week already? but on the 9th hour of Thursday does it turn to double time? seeing as I’m already working over 4 hours of overtime in one day? or does it just stay overtime?

    then on Friday, is all 12 hours on Friday overtime? or some part of those 12 hours double time? what’s the limit on HowHow. many overtime hours you can work in a day before you get double time if at all?

    there will also be occasional Saturday work for 4 to 8 hours past the minimum mandatory 60 hour work week. does double time kick in then?

    • Timesheets.com
      Timesheets.com April 26, 2016

      Hi Carlos, good questions but you’re kind of over thinking it. Just because you’ve already worked 40 hours in the week doesn’t mean you get double time sooner.

      This is the rule for double time:

      “or 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.”

      So on Thursday, once you’ve hit your 40 hours for the week, all the rest of the hours in the week, say 20, will be time and a half, unless of course you work over 12 hours in a day occasionally or 7 days in a row. Then you’d get those instances paid as double time.

      I hope this helps!

  46. Brandon Heard
    Brandon Heard June 11, 2016

    I work Monday thru Friday and I put in 44 hours, our payroll starts Monday through Sunday I worked Saturday 4hours and Sunday for 12 hours am I entitled to double time for Sunday not sure what Kansas labor law is for it

  47. Terrance Whaley
    Terrance Whaley June 30, 2016

    I live in California and I worked an 3pm-11:15, and then came back next day at 4:30 next morning. Aren’t I soppssed have a sertain amount of rest in between shifts? Otherwise it’s time and a half?

    • Timesheets.com
      Timesheets.com July 21, 2016

      Hi Terrance. There is no such law for general workers. In a few industries where working back to back shifts would be a health hazard there may be some regulations.

      If you’re in California and you work more than 8 hours in a workday, then you’re entitled to overtime but that is not the case in your example.

  48. Baryali
    Baryali August 5, 2016

    I work 11 hours and 7 days a week, which day am I going to get double over time and how many hours in a week can you please help me know

  49. Misty
    Misty August 9, 2016

    How would over time are double time work if you work 20 consecutive 10 1/2 hour days ?

  50. raymond
    raymond August 12, 2016

    my pay week is mon-sun I work thursday-monday 12hr shifts each day and worked an extra 4 hours on Thursday totalling 16 hrs Thursday and the rest of the week 12s would I get double time?

  51. Jillian Leal
    Jillian Leal August 15, 2016

    I worked 12 days straight without a day off. On the 7th day I worked a 24hr shift. Do I qualify for double time after the 7th day and first 8 hours of the shift? Also do I get double time for days 8-12?

  52. Edgar Vaquiz
    Edgar Vaquiz August 24, 2016

    If I work 70 per week, would this be like 40 hours regular and then??? how many hours would it be for overtime and how many hours would be for double time

  53. amanda Dunn
    amanda Dunn August 30, 2016

    what if my work day is 8 hours and I am ordered to to another 8 which is a 16 hour work day.

  54. Joel
    Joel September 21, 2016

    If i work 6 days at 12 hrs a day ,, would i get double time pay for any day?

  55. Jeff Ange
    Jeff Ange October 13, 2016

    If i work over 12 hours and go home for 4 hours am i still making time and one half?

    • Peggy Emch
      Peggy Emch October 24, 2016

      Hi Jeff, if you work over 12 hours in a workday in California, then you’ll make double time, even if you go home for 4 hours. The time has to be in the same work day though. The standard workday is from midnight till 11:59pm but an employer can set it as any regular 24 hour period.

  56. Isabelle
    Isabelle October 23, 2016

    I’ve been working 8 hours each day for the past 2 months and a half with no days off whatsoever. I get paid regular pay and my overtime. I was told it’s wrong for them to force me to work without any rest but I’m not sure. I don’t mind working without days off. I just want to be sure I’m not being taken advantage of because it’s not done to everyone.

    • Peggy Emch
      Peggy Emch October 24, 2016

      Hi Isabelle. I don’t believe there are any rules against it in the US.

      “the FLSA does not limit the number of hours in a day or days in a week an employee may be required or scheduled to work, including overtime hours, if the employee is at least 16 years old.” – https://www.dol.gov/whd/regs/compliance/hrg.htm

  57. RR
    RR November 4, 2016

    Hi – I have a question – my husband works for a large party company staging and woking aurdio and electrical and construction for their events……he works M-f 8 hours 40 total in a week and then works saturday and sunday — scenario in some days of the week he works upto and over 12 hours – perfect this means OT (time and half) for any hours after 8 but upto 12 in a work day and Double Time for anything over 12 hours — but then he works saturdays anywhere between 8-12 hours which would mean OT for first 8 hours and then Double time for all hours after 8 —- then he works sunday again anywhere between 8 -12 hours — THIS is the part that that on this 7th day all hours worked woul dbe double time — did something change in califrnia law to change this? I use to work in a factory M-f 40 hours and was paid ot when I worked the saturday 8 hour shift for all 8 hours and double time for all 8 hours if I also worked the sunday 8 hour shift — and it use to be on the website where it stated that on the consecutive 7th day of work if you met the min 40 hour work week the 7th day would all be double time but I can’t find it now — did something change I know I’m not crazy 🙁

    • Peggy Emch
      Peggy Emch November 7, 2016

      Hi there. I do not know if the laws changed at some point in the past. It is possible that the company you worked for had more generous double time offering.

  58. Barkley T.
    Barkley T. November 6, 2016

    I work 8 hrs a day with 2 hours OT each day M-F I have 40 hours by the end of Thursday, should I be getting paid OT all of friday ? Considering 8 of those hours are OT would that still apply to the 40 any hrs work after (friday) are OT?

    • Peggy Emch
      Peggy Emch November 7, 2016

      Hi Barkley,

      I’m afraid not. In California, you get overtime for time worked over 8 hours in a day or for time worked over 40 in a week. So if you hit 40 hours after 4 days (10 hours a day) you would have 8 hours of overtime. If you work Friday too, you will use the weekly overtime so you’d get overtime for hours over 40.

  59. Richard
    Richard November 12, 2016

    What if you eclipse the 40 hour mark for the week and the 8 hour mark for the day at the same time?
    Example.. I work Sunday Mon Tues Thurs Friday from 2 pm- 10:30 so that’s 40 hours.
    On Friday night I work till 2 am so not only do I go over 40 for the week but I go over 8 for the day…should I get paid double time?

    • Peggy Emch
      Peggy Emch November 17, 2016

      Hi Richard,

      Your scenario is not one of the scenarios the California Department of Industrial Relations cites. You don’t double up on overtime when you work more than 8 hours in a day and 40 in a day. Take a look at the post to see the specific examples where you would get double time.

  60. Jose
    Jose November 17, 2016

    Hi I work from 12 noon till 11:45 pm and then come back to work at 6:00 am is that consider over time or how many hours in between shifts should I have off in order not to get over time
    Thank you

    • Peggy Emch
      Peggy Emch November 17, 2016

      Hi Jose,

      Double time is calculated inside of a workday. An employer can set a workday as any 24 hour period. So it may go from midnight to noon or from 3pm to 3am. The workday is a regular thing, though, so it shouldn’t fluctuate from week to week.

  61. Richard
    Richard November 22, 2016

    My employer has been needing us to do crazy overtime I work Mon through sat I start work at 5am everyday now here’s the tricky part I worked until 11pm Monday went home slept then came back to work at 5am repeated this Tuesday so my question is how much double time have I occurred only on Monday and Tuesday my company set the work day as any 24 hr period

  62. Jerry rosales
    Jerry rosales November 24, 2016

    If i work wendsday at 2:30pm November 23 untill Thursday 2:30am thanksgiving day do i get paid double time for the 2 and a half hours I work?

  63. Don
    Don November 25, 2016

    If I work in ca for 12HS a day starting on Monday and Thursday is thanksgiving. What pay should get on Thursday, Friday and Saturday.

    • Peggy Emch
      Peggy Emch November 28, 2016

      That depends on whether your employer pays you a different holiday rate and on how many hours you work Thurs, Fri, Sat.

  64. vince
    vince November 27, 2016

    So to clarify the double-time after 7 days rule…

    If my company is forcing us to work 25 days straight due to being busy this holiday season, Do I get paid double-time for all hours after the 8 hours worked on the 7th day, or does it reset every pay period or every week?

    • Peggy Emch
      Peggy Emch November 28, 2016

      Hi Vince,

      The double time rules apply within the workday and the workweek. So, yes, that does “reset”. You wouldn’t get double time for days and days.

  65. Maria
    Maria December 5, 2016

    Hi, I took personal time Monday -Wednesday, Thursday I worked 10 hrs Friday 14 and Saturday 14, am I entitle to any overtime or double time?

  66. Lisa
    Lisa December 22, 2016

    Hello my pay period ends on Thursdays and starts fridays. So from 12/2 to 12/8 i did 72 hours. My normal schedule is Sunday thru thursday 40 hours but i came in to do friday and Saturday as well. Does that mean when i did sunday the 12hours ive done am i qualified to recieve double sunday for full 12hours since i worked 7days straight?? Im a union job as well in california

    • Peggy Emch
      Peggy Emch December 22, 2016

      Hi Lisa,

      It sounds to me like your Saturday is in the next workweek. So whether you get double time will depend on how much you work in the following week.

  67. Giovanna rodas
    Giovanna rodas January 3, 2017

    Will I be paid double time if it’s my 7th consecutive day in a work week and I’m going over 40 hours?

  68. shelia lucas
    shelia lucas January 5, 2017

    I am an hourly employee for a charter school in California. Last day of school with pay was 12-10-16. Day to return back to work is Jan 10, 2017. Now the school has called a meeting on today Thursday Jan.05, 2017. Because the the schools are not officially back in business with students until Jan.10, 2017. Can I be paid time and a half for working today. Thanks.😊

  69. Lisa
    Lisa January 6, 2017

    I would like to know if it is legal in CT to work OT that falls on a holiday( which you get time & a half for) to only be be paid time & a half once? Shouldn’t it be for the original OT & then time & a half for your holiday separate?

    • Peggy Emch
      Peggy Emch January 9, 2017

      Please check with a layer in CT.

  70. Jai
    Jai January 9, 2017

    Can A company pay you A flat rate of 75 dollars A day for working 12 hours shifts ca?

    • Peggy Emch
      Peggy Emch January 9, 2017

      I don’t think so. The hourly rate without overtime would be: 75/12 = 6.25 which is less than minimum wage. It’s even less when you factor in overtime after 8 hours. As always, however, check with a lawyer in your state to be sure. They can get more details and give you a more definite answer.

  71. Hector
    Hector January 11, 2017

    Need a little help with this, I worked 15 hours Christmas day my company pays time and a half for holidays. Am I entitled to 3 hours of double time because I worked more than 12 in a work day? Or is it the loop hole that a holiday is not a regular work day?

    • Peggy Emch
      Peggy Emch January 17, 2017

      Hi Hector,

      If you’re in California, and worked over 12 hours in a workday, you are likely entitled to double time pay. The pay rate for overtime is based on the weighted average of your pay rates for the week.

      “Where an employee in a single workweek works at two or more different types of work for which different straight-time rates have been established, the regular rate for that week is the weighted average of such rates. That is, the earnings from all such ra tes are add ed together and this total is then divided by the total number of hours worked at all jobs. In addition, section 7(g)(2 ) of the FLSA allows, under specified conditions, the computation of overtime pay based on one and one-half ti mes the hourly rate in eff ect when the overtime work is performed. The requirements for computing overtime pa y pursuant to section 7( g)(2) are prescribed in 29 CFR 778.415 through 778.421”

      from: https://www.dol.gov/whd/regs/compliance/whdfs23.pdf

  72. Robert
    Robert February 1, 2017

    Hi Peggy,

    I work for a union site in California that includes holiday hours into the week total for overtime consideration. If I work 8 hours every day for 7 days in the same work week and the 7th consecutive day happens to be a holiday, will anything change compared to a non holiday work week considering my 7th day is already being paid at 1.5x due to the Holiday pay?

    Thank you

    • Peggy Emch
      Peggy Emch February 2, 2017

      Hi Robert. You would have to ask your employer how they handle this. Figuring overtime calculations into holidays is not a standard scenario.

  73. Eli
    Eli February 7, 2017

    My coworker and I can’t agree on this , so maybe you can help…

    Our ambulance company used to be daily overtime (8h regular, half after 8hrs, double after 12h). Recently our company changed to a weekly overtime, after 40h. My question is do we get double time AFTER the 7th consecutive day (8h+) OR do we get double time AFTER working 12hrs on a shift? Note that we do 12-15hrs a day.

    • Peggy Emch
      Peggy Emch February 10, 2017

      Hi Eli,

      I’m not sure why the employer switched from daily overtime to weekly and so I’m not sure if you’re technically entitled to double time or not, but with weekly overtime rules, there is no provision for double time at all.

  74. Christian
    Christian February 10, 2017

    I had a question regarding overtime, not sure if this is the right place to put it. I normally work Monday through Thursday 2-10pm, our work week starts on Sunday, this week I am working Sunday through Sat 2-10 each day, so 7 days in a row 56 hours total, I’m unclear on how a few of the overtime laws work and am just wondering how much overtime I’m entitled to, our owner who does the payroll works off site, and the manager here isn’t sure either.

    • Peggy Emch
      Peggy Emch February 15, 2017

      Hi Christian. There are two rules for double time. You’re not working 12 hours in a day so that one will not apply. You are working on the 7th day but not more than 8 hours on that day so, again, that rule won’t apply. You will end up with 16 hours paid at time and a half. I hope this helps.

  75. Sam Jones
    Sam Jones February 21, 2017

    I’m on a 4/10 schedule and if I work 9 hours on the fifth day (Friday) is the one hour paid at double time.

  76. michelleleggitt@gmail.com
    michelleleggitt@gmail.com March 1, 2017

    I worked from 2pm until 6am the following day. No breaks or lunch given. Eat while u work basically. Then had to return at 2pm the same day to work until 10pm.

    Is any of that double time?

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