PDA

View Full Version : Please help..need clarification on CALI ot rules California


UAW509
11-01-2006, 07:46 PM
I am a committeeman for a UAW chrysler facility in California. Please let me pose a scenario to all of you. I would appreciate any feedback.
FACTS:
-California labor law defines a "WORKDAY" as: "Any consecutive 24 hour period commencing at the same time each calendar day"

-Workers on the Friday 2nd shift work from 1:00 p.m. until 11:30p.m.

-Workers on second shift must come in at either 6:00a.m. or 8:00a.m. If they would like Saturday Overtime. (sat voluntary ot shift is 6:00a.m.-2:00p.m.)

-Workers work more than 12 hours in a 24 hour cycle and are not paid double time after 12 hours in any 24 hour cycle.

-Company (DaimlerChrysler) has no policy defining their work day.

-Because Saturday OT is voluntary, do we forgo any rights to double time, even though we may work more than 12 hours in a 24 cycle?

-Does the UAW Chrysler contract in any way supercede stated California state law?
I WOULD APPRECIATE ANY HELPFUL ADVICE...THANK YOU!!

Pattymd
11-02-2006, 04:39 AM
Of course it doesn't. However, I didn't see in your post what the employer defines as the beginning of the workweek and that is what determines overtime, not when a particular shift starts or how many hours are worked consecutively. Each 24 hour period stands alone. The employer MUST define the workweek.
http://www.dir.ca.gov/dlse/FAQ_Overtime.htm

UAW509
11-02-2006, 04:52 PM
this is the workweek defined according to the dcx uaw national agreement.
-The regularly scheduled workweek starts at 12:01 a.m. and ends 168 hours thereafter.

Also....Is California labor code defining ot pay for after 12 hours in same 24 hour cycle nullified because we have a collective bargaining agreement? It states that in the labor code....but strange definition.

Appreciate any help!

joec
11-02-2006, 06:35 PM
Good question for Megan Ross Hutchins.Sombody hail her.
JoeC

Pattymd
11-03-2006, 04:30 AM
this is the workweek defined according to the dcx uaw national agreement.
-The regularly scheduled workweek starts at 12:01 a.m. and ends 168 hours thereafter.

Also....Is California labor code defining ot pay for after 12 hours in same 24 hour cycle nullified because we have a collective bargaining agreement? It states that in the labor code....but strange definition.

Appreciate any help!

I'm assuming by "24-hour cycle", you mean from 12:01 a.m. to Midnight?

Megan Ross Hutchins
11-03-2006, 11:33 AM
Yes, your collective bargaining agreement can waive doubletime.

Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements