Weekly Overtime

What Is Weekly Overtime?

Weekly overtime is the requirement to pay non-exempt employees at 1.5 times their regular rate of pay for all hours worked beyond 40 in a workweek. This overtime trigger exists under both California law and the federal Fair Labor Standards Act (FLSA).

In California, weekly overtime operates alongside daily overtime, but hours already compensated as daily overtime don't get "double-dipped"—they're not counted again for weekly overtime purposes.

Weekly Overtime Basics

The 40-Hour Threshold

Hours 1-40 in a workweek: Regular rate
Hours 41+: Time-and-a-half (1.5× regular rate)

Interaction with Daily Overtime

California requires tracking both daily and weekly overtime:

Daily overtime hours count toward the 40-hour weekly threshold
But the daily overtime premium already paid covers those hours
Weekly overtime only applies to hours not already paid as daily overtime

Defining the Workweek

A workweek is a fixed, recurring 168-hour period (seven consecutive 24-hour days):

Employer Flexibility

Employers choose when the workweek starts
Common choices: Sunday 12:00 AM, Monday 12:00 AM, Saturday 12:00 AM
The choice should be based on legitimate business reasons

Requirements

Once established, the workweek should remain consistent
Must be communicated to employees
Cannot be changed to avoid overtime obligations

Important Rules

No averaging: Hours cannot be averaged across multiple workweeks
No manipulation: Changing the workweek to avoid overtime is prohibited
Pay period alignment: The workweek doesn't have to match the pay period

Calculating Weekly Overtime

Basic Calculation

Employee works 48 hours in one week at $20/hour:

Hours	Rate	Amount
40 regular	$20.00	$800.00
8 overtime	$30.00	$240.00
Total		$1,040.00

With Daily Overtime Interaction

Employee works the following schedule at $20/hour:

Day	Hours	Daily OT?
Mon	9	1 hour at 1.5×
Tue	9	1 hour at 1.5×
Wed	9	1 hour at 1.5×
Thu	9	1 hour at 1.5×
Fri	9	1 hour at 1.5×
Total	45	5 hours daily OT

Calculation:

40 regular hours × $20 = $800
5 daily OT hours × $30 = $150
Weekly hours over 40 that weren't daily OT: 0 (all 5 OT hours were already paid as daily OT)
Total: $950

Complex Example: Mixed Daily and Weekly OT

Schedule at $20/hour:

Day	Hours	Daily OT
Mon	8	0
Tue	8	0
Wed	8	0
Thu	8	0
Fri	8	0
Sat	6	0
Total	46	0

No daily overtime (no day exceeded 8 hours), but:

40 regular hours × $20 = $800
6 weekly OT hours × $30 = $180
Total: $980

Weekly Overtime in Different Scenarios

Part-Time Employees Working Extra

Part-time employees who exceed 40 hours are entitled to weekly overtime:

Example: Usually works 20 hours/week, but covers for absent coworker:

Regular week: 20 hours × $18 = $360
Heavy week: 45 hours = (40 × $18) + (5 × $27) = $855

Multiple Employers

Each employer calculates overtime independently
Working 20 hours for Employer A and 25 hours for Employer B = no overtime with either
But: Related entities may be considered "joint employers" requiring combined hours

Salaried Non-Exempt Employees

Salaried employees who don't meet exemption tests:

Must still track hours
Entitled to overtime for hours over 40 (and over 8 daily)
Regular rate = weekly salary ÷ 40 hours

Workweek Spanning Pay Periods

When a workweek spans two pay periods:

Option 1: Pay Each Period's Overtime Separately

Calculate and pay overtime in each pay period based on hours in that period.

Option 2: Pay Weekly Overtime in Following Period

Pay all hours at regular rate in first period
Pay overtime premium in the pay period when the workweek ends

Both methods are acceptable if consistently applied and overtime is paid by the next regular payday.

Common Weekly Overtime Mistakes

Averaging Across Weeks

Wrong: "Employee worked 50 hours week 1 and 30 hours week 2, averaging 40 hours."

Right: Week 1 has 10 hours overtime; week 2 has no overtime.

Bi-Weekly Averaging

Wrong: "Employee worked 38 hours in first week and 42 hours in second week of a bi-weekly pay period = 80 hours at regular rate."

Right: Second week has 2 hours of overtime, regardless of first week's hours.

Ignoring Daily Overtime

Wrong: Only calculating weekly overtime and missing daily overtime.

Right: Track both—pay whichever results in higher compensation for each hour.

Using Wrong Rate

Wrong: Paying overtime based only on base hourly rate.

Right: Calculate regular rate including all compensation (bonuses, differentials, etc.).

Managing Weekly Overtime

Scheduling Strategies

Distribute hours evenly: Spread work among available employees
Set weekly limits: Establish approval thresholds before hitting 40 hours
Track in real-time: Use systems that show cumulative weekly hours
Plan ahead: Build schedules considering weekly hour limits
Cross-train staff: Have coverage options to avoid overtime

Technology Tools

Effective workforce management systems:

Calculate running weekly totals in real-time
Alert managers when employees approach 40 hours
Forecast weekly overtime based on scheduled shifts
Account for both daily and weekly overtime in cost projections
Maintain accurate workweek tracking across pay periods

Policy Considerations

Require pre-approval for work beyond scheduled hours
Establish clear communication about weekly hour limits
Train managers on overtime obligations
Document all overtime authorization

Weekly Overtime and Alternative Workweeks

Under an alternative workweek schedule:

Weekly overtime still applies after 40 hours
But daily overtime threshold is extended (e.g., 10 hours for 4/10 schedule)
Can reduce total overtime by concentrating hours in fewer, longer days

Enforcement and Penalties

The Labor Commissioner and courts actively enforce weekly overtime requirements:

Back pay for all unpaid overtime
Liquidated damages (up to equal amount of unpaid wages)
Waiting time penalties if wages not paid upon termination
PAGA penalties
Interest and attorney's fees

Systematic underreporting or unpaid weekly overtime often leads to class action litigation with significant settlements.