Posts Tagged ‘ Makeup Time ’

2 Ways Working Over 8 Hours DOESN’T Mean California Overtime Pay

March 22nd, 2013. By AbiK

Ever wonder what non-exempt work situations do NOT qualify for overtime pay? While there are fairly stringent laws and guidelines in place for what requires California employers to pay overtime wages, there are a couple of situations where, as a worker who puts in over eight hours on a given workday, you are actually not eligible for California overtime pay. Let’s take a look at both examples, which are explained in more detail (and a bit more jargon) at the California Department of Industrial Relations DLSE section on their website.

1. Make-up Time.

If a non-exempt employee requests time off that will be unpaid, he/she can “make up” that time and it will not be considered eligible time for California overtime pay so long as these requirements are met:

• The employee may not work more than 11 hours on another work day, and he/she may not work more than 40 hours in the workweek to make up for the time off. The make up time, in effect, is an equal “swap” for the time the employee would’ve normally worked within the same workweek.
• The time the employee missed must be made up within the same workweek.
• The employee needs to provide a signed written request to the employer for each occasion that they want to makeup time.
• Employers cannot encourage or otherwise solicit an employee to request makeup time.

2. Alternate Work Week Arrangements.

It’s common practice in some industries for a non-exempt California employee to work an alternate workweek schedule. One of the most common arrangements involves working a 4-day-a-week, 10-hours-per-day schedule (typically called a “4/10” schedule). Alternate work week arrangements require a formal agreement and adherence to certain California Labor regulations (see DLSE overtime exceptions).

As long as the employer has complied with all regulatory matters, an alternate work week employee is not owed California overtime pay for working more than 8 hours in a workday (due to the alternate work schedule), so long as he/she does not work more than 40 hours during the workweek.

For more information see our California Labor and California Overtime pages.

Tags: Alternate Workweek Schedule, California Labor, California Overtime, Makeup Time, Overtime Pay, Overtime Violation, Wage and Hour
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