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

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

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