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In California, overtime is officially counted both after 8 hours of work per day, and 40 hours per week ? ing to the California Labor Code Section 510, i.e. ? The Cunningham Law. So, for instance, if you work 9 hours on Tuesday, you are entitled to get paid for 1 hour of overtime work.
As per the Fair Labor Standards Act (FLSA), salaried employees are entitled to receive their full salary regardless of the number of hours or days they work. However, if a salaried employee is absent for an entire workweek without any valid reason, the employer is not obligated to provide payment for that week.
Under the FLSA, some employees are exempt from the wage and overtime provisions of the law and some are nonexempt. Exempt employees are considered "salaried" and do not earn any overtime pay for working over 40 hours in a workweek.
Under the FLSA, overtime pay is determined by multiplying the employee's ?straight time rate of pay? by all overtime hours worked PLUS one-half of the employee's ?hourly regular rate of pay? times all overtime hours worked. All overtime work that is ordered or approved must be compensated.
An overtime-eligible employee (paid a salary) who regularly works more than 40 hours per week, they are still entitled to overtime pay for hours worked over 40 hours. The number of hours included in the employee's regular workweek only affects the rate of overtime pay.