Calif. '7th Workday' Rule Poses Unexpected OT Consequences

Law360, New York (December 12, 2017, 11:26 AM EST) -- Under California law, all hours worked on the seventh consecutive day of a workweek must be paid a premium of one-half of the employee's regular rate for each hour worked.[1] In a California workplace where employees are scheduled to perform regular work activities on seven consecutive days (in the same workweek), the requirement of paying this "seventh-day premium" is clear. Increasingly, however, California employers are encountering demands for seventh-day overtime payments — often in conjunction with litigation alleging off-the-clock (OTC) work time — that presents surprising, and potentially costly, unpaid overtime claims. This article demonstrates how seventh-day overtime work claims may...

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