Overtime based on the “workday” or consecutive hours worked
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 14 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
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.