Is working 2/10 hours shifts in a row legal?

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Is working 2/10 hours shifts in a row legal?

Is it legal to work from 8:00 pm to 6:00 am Mon-Tue and continue from 7:00 am to 5:00 pm on Tue, if workday is defined from 6:30am-6:30 am? Could that be considered like two 10 hours shifts on different days and be paid accordingly?

Asked on June 13, 2012 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Employers are free to define the start and stop of both workdays and work weeks, so long as they are explicit (i.e. they tell employees when the days or weeks stop and start) and consistent (i.e. don't redefine it day by day or otherwise without proper notice). They are allowed to define the workdays and workweeks to their benefit, such as to minimize overtime.


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