when does my day off legally start,1201?

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when does my day off legally start,1201?

I am being given a day off during the week so I am not on overtime on Saturday, however, I am working a shift the day before that ends at 10pm but am required to work on call til midnight or beyond depending on when calls are completed. If I am getting home at 3am on the day I have been given as a day off, is this legal?

Asked on July 24, 2018 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The issue is when does your work end? Commuting time--travel back home after work--is NOT considered work time. 
Typically, unless there is some firm agreement or policy to the contrary, work days and days off use "regular" "calendar" days"--that is, one day ends at 11:59 pm (and 59 seconds), the next day starts at 12:00 am (midnight). If you stop work before midnight, they have not infringed on your day off even if spend hours driving/getting home. If you actually are working past midnight, they have infringed on your day off. As to being on call: if you are restricted to the workplace, you are considered working even when on call. If you are free to leave the workplace, even if you have to respond if called in, you are not working.


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