California · underground mines & smelters
California mine & smelter overtime (§§ 750–751.8)
Underground mines and smelters under Lab. Code §§ 750–751.8. With a § 750.5 regularly scheduled shift: 1.5× after the scheduled hours up to 12, 2× after 12, and 1.5× after 40/week (daily premium hours drop out of the weekly 40). No AWW unscheduled-extra-day rule. Uncheck § 750.5 to revert to after 8. Not LC 510. Not LC 511 AWW.
How Lab. Code §§ 750–751.8 pays
§ 750 caps employment at eight consecutive hours in any 24-hour period for underground mines and for smelters / ore- or metal-reduction plants (quarries and nonmetallic operations are out; EAP and outside sales are out). § 750.5 lets a two-thirds secret-ballot election (or a CBA) adopt regularly scheduled shifts longer than eight hours. § 751.8 then prices overtime: without that schedule, overtime for hours over eight; with it, 1.5× for hours beyond the scheduled shift up to 12, 2× after 12, and 1.5× for weekly hours over 40 — and hours already at a premium do not count toward the weekly 40.
Unlike LC 511 alternative workweeks, Chapter 3 has no “unscheduled extra day” band. If the adopted schedule is 10 hours and the employee works only 5 on Friday, those 5 hours are straight time here; under AWW an unscheduled Friday would start at 1.5×.
Four 10h days @ $20 with § 750.5 schedule 10 → $800 (40 regular).
Same punches without § 750.5 → 32 regular + 8 OT = $880.
One 14h day, schedule 10 → 10 regular + 2 OT + 2 DT = $340.
Five 10h days, schedule 10 → 40 regular + 10 weekly OT = $1,100.
Five 10h days on CA AWW 4/10 with Friday unscheduled (scheduled hours 0) → first 8 of Friday at 1.5× and 2 after 8 at 2× = $1,120 — different math.
Sources
- Lab. Code §§ 750–752.5 — Chapter 3 Smelters and Underground Workings (official LegInfo)
- Lab. Code § 751.8 — overtime rates for scheduled / unscheduled paths
- Lab. Code § 750.5 — election / CBA extended shifts
- California Public Law § 751.8 — readable reprint
FAQ
Who does Labor Code Chapter 3 cover?
Lab. Code § 750 covers employees in underground mines and in smelters and plants for the reduction or refining of ores or metals. It does not apply to quarries or other nonmetallic mineral extraction (§ 750(b)), or to executive, administrative, professional, or outside salesperson employees (§ 750(c)).
How does § 751.8 pay with a § 750.5 scheduled shift?
When regularly scheduled shifts are established under § 750.5(b) (two-thirds election) or a CBA under § 750.5(a), § 751.8(b) pays 1.5× for hours in excess of the scheduled shift up to and including 12 hours in a workday, 2× for hours over 12, and 1.5× for hours over 40 in a workweek. Hours already paid at 1.5× or 2× are excluded from the weekly-40 count.
How is this different from a California alternative workweek?
LC 511 pays 1.5× for the first 8 hours and 2× after 8 on an unscheduled extra day. Chapter 3 has no that rule: a day shorter than the § 750.5 scheduled length is straight time.
What if there is no § 750.5 schedule?
§ 751.8(a) requires overtime for hours over the § 750 maximum of 8. This page applies 1.5× through 12 and 2× after 12 on that 8-hour floor, plus weekly 40. Uncheck the § 750.5 box. LC 510 seventh-day is out of scope — use /california-overtime/.
Is double time after 12 required?
Yes under § 751.8(b) when a § 750.5 scheduled shift applies: all work over 12 hours in a workday is double the regular rate.