Day Rate Grey Area

This is what the state of CA has to say: [CA Labor Code for Broadcast)(http://www.dir.ca.gov/IWC/IWCArticle11.pdf)

Basically 8 hours equals a work day, no matter whether you are a contractor or full employee. 40 hours max per week. Anything over 40 hours goes in to overtime (1.5x for hours 9-12, then 2x for anything over 12 hours)

Relevant paragraph: (A) Daily Overtime- General Provisions (1) The following overtime provisions are applicable to employees 18 years of age or over and to employees 16 or 17 years of age who are not required by law to attend school and are not otherwise prohibited by law from engaging in the subject work. Such employees shall not be employed more than eight (8) hours in any workday or more than 40 hours in any workweek unless the employee receives one and one-half (11 /2) times such employee’s regular rate of pay for all hours worked over 40 hours in the workweek. Eight (8) hours of labor constitutes a day’s work. Employment beyond eight (8) hours in any workday or more than six (6) days in any workweek is permissible provided the employee is compensated for such overtime not less than: (a) One and one-half (11 /2) times the employee’s regular rate of pay for all hours worked in excess of eight (8) hours 4 up to and including 12 hours in any workday, and for the first eight (8) hours worked on the seventh (7 th) consecutive day of work in a workweek; and (b) Double the employee’s regular rate of pay for all hours worked in excess of 12 hours in any workday and for all hours worked in excess of eight (8) hours on the seventh (7th) consecutive day of work in a workweek. (c) The overtime rate of compensation required to be paid to a nonexempt full-time salaried employee shall be computed by using the employee’s regular hourly salary as one fortieth (1/40) of the employee’s weekly salary

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