If I work 14 hours in 1 day but it’s 2 different shifts, do I get overtime?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I work 14 hours in 1 day but it’s 2 different shifts, do I get overtime?

I work 10 pm to 6 am but tomorrow I have to come back in 6 hours later and work 2 pm to 10 pm. Would I be entitled to overtime?

Asked on August 4, 2018 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, in CA, as you point out, working more than 8 hours in one day entitles you to overtime. On the second day, you work 6 hours (midnight to 6 am), then another 8 hours (2pm to 10pm), for a total of 14 hours. Even if it is nominally spread across two shifts, it is still more than 8 hours in a day, so you get overtime. The law doesn't look at "shifts," which can be manipulated by the employer: it looks at days and weeks.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption