We're acquiring a small facility in California, and I'm getting conflicting information regarding weekly overtime and when it kicks in; the regulation as written is not clear to me.
My question is, does weekly overtime kick in after 40 REGULAR hours, or after 40 TOTAL hours? For example, an employee works 4 10-hour days, and is therefore already paid 8 hours of daily OT along with 32 REG. If she worked on Friday, do those already-paid OT hours count towards the weekly OT threshold, putting the employee into weekly OT on Friday, or does she need to work 8 more REG before weekly OT kicks in on Saturday?
Our employment law attorney is saying they all count towards OT, but my Kronos community is telling me not to pyramid OT hours like that. I know I should trust the attorney, but it doesn't seem right to me, and I'm afraid he's not understanding the question since it's being communicated to him from someone other than me.
Help please?