I need help! I think my employer us pulling a fast one. This is the most current overtime shortage. I started my job at 6:00 am - 3 pm regular day. I was asked to come back at 8:00 pm that evening I worked until 12:30 pm the following day. My boss said I was entitled to some overtime but the rest would be applied to the next day work at straight time. So does that mean 8:00 pm to 6:00 am is straight time and then from 6:00am to 12:30pm overtime?
Please I need some input.
Thanks,
sparkynlips
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CMorgan
06-29-2006, 02:36 PM
How much overtime due to you is dependant upon what your employer sets as their business day.
Most employers will use a normal day 12:00 midnight - 11:59 pm. While there are employers who run from 12:00 noon to 11:59 am for their workday. It can vary. You will have to find out what hours they say their 24 hour workday is set at.
If your employer considers midnight to be the start of a new day, then your overtime stops accumulating from the previous day at that time and you start on straight time for the new day. Once you work 8 hours on the new day then any hours worked after that will be overtime for that day.
jangel348
06-29-2006, 05:04 PM
i worked for a california company that started the work day at 00:00 (midnite) to midnite what we all consider a normal day. I worked graveyard and started work at 10 pm to 6am so on monday i had 2 hours pay coming for monday tuesday i had 6 hours pay when i got off work at 6 am. i returned to work at 10 pm tuesday nite got 2 hours which totaled 8 hours pay for tuesday. now if i came to work earlier than 10pm tuesday that amount would be overtime pay
example: i return to work tuesday at 9 pm till 6 am i am entitled to 1 hour of overtime pay 9pm to 12am= 3 hours 12am to 6am=6 hours(tuesday morning) total 9 hours
and 12 pm to 6 am = 6 hours on wednesday
i hope this helps you need to find out what your employer considers a work day example 12 noon to 1159am
most employers work day is 00:00 to 24:00 and normal day
if your employers work day starts at noon monday and ends noon tuesday and you have work more than 8 hours from noon to noon you are entitled to overtime pay
angel
Pattymd
06-30-2006, 04:37 AM
A better term, and the one the law uses is "workweek". The workweek must be defined by the employer and must start at a day/time certain. Then, it goes in 24-hour periods, day by day.
hhh
07-30-2006, 11:52 PM
well at my job in california, the workday (or business hours) are 10 a.m. to 2 a.m. I don't know what they consider the workday to be; but when working the 6 p.m. - 2 a.m. shift then doubling back and starting again at 10 a.m. the next business day until 6 p.m. How would overtime apply there or would it?
Pattymd
07-31-2006, 03:55 AM
The "workday" is irrelevant. We would have to know at what time of the day and on what day of the week the defined "work week" begins. The company has to determine that and it must be fixed.
DAW
07-31-2006, 07:25 AM
Agreed. The "workweek" is a fixed 168 hour period starting at exactly the same date/time each week under federal law (FLSA). Under California law, the federal workweek determines the California "workday". Things like shifts and when work was started are meaningless under California law.
http://www.dir.ca.gov/dlse/FAQ_Overtime.htm
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