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


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.

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