What to do if I’m scheduled to work 8 consecutive days at 8 hours per day but these days are split between 2 periods?

I’m scheduled to work 8 consecutive days at 8 hours per day. The current pay period ends at the 5th day and the other 3 days are in the next pay period, so it’s split between 2 pay periods. Am I entitled to overtime pay even if the 8 days are split between 2 pay periods? Also, I’ve been at this job for one month so far and I haven’t had a consistent schedule yet. My days off have fluctuated and so have my work days.

Asked on June 27, 2012 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Overtime is based on working more than 40 hours in a single work week. If someone, for example, works 50 hours in 7 days, but those days are split or spread across two work weeks, he or she is not entitled to overtime. So if your hours are split across two pay periods--and thus presumptively two work weeks--then you cannot aggregate them for overtime purposes.

Employers are not required to provide consistent schedules, unless there is an employment contract in effect requiring that.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.