Overtime based on the “workday” or consecutive hours worked

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Overtime based on the “workday” or consecutive hours worked

Hello, I work at a job that is 24/7 and we are frequently “held over” to cover the next shift. Our workday is from 12am to 11:59pm. My state is California and i’m a part-time worker. My question is whether overtime based on the “workday” or consecutive hours worked. For example the way our system currently works is if I work from 4pm-12am on one day and then I’m held over four hours to 4am I would not be paid overtime unless I worked eight hours the following day. If this is true it would be possible for a person to work at 16 hours shift (4pm-4am) without receiving any overtime. Is this be legal?

Asked on June 8, 2009 under Employment Labor Law, California

Answers:

Deborah Barron / Barron Law Corporation

Answered 12 years ago | Contributor

There are special rules for certain professions such as drivers and nurses.  But for all others, unless you are a true "manager", you are not exempt from overtime payment.  Over time is 1 1/2 times your regular hourly rate and at a certain point, double time kicks in.  It can also be calculated on a weekly basis, everything over 40 hours is overtime.  Please visit my website for more information or email me with additional questions.  www.lawbarron.com

   


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