PDA

View Full Version : Working consecutive days in California


pjs
11-13-2006, 05:16 PM
Hi..

A person in our group is being asked to work continuously for a month
(every day). Today is his eigth day. According to California labor laws,
on the 7th day he is supposed to get 1.5 times, and on the 8th day
2 x (today).

That's fine, he will file that. Last week he worked Monday-Sunday
and because the last 2 days were on a weekend -our group pays
shift diff (1.5x) for those days anyway, and for today he will file
Doubletime (in next week's timecard).

But what happens from now until the end of the month? Should
he be filing double time every day from now until the end of the
month?

ScottB
11-13-2006, 06:41 PM
But what happens from now until the end of the month? Should he be filing double time every day from now until the end of the
month?

Be serious.

California has strange laws, but even they won't require double time on a continual basis week after week.

Pattymd
11-14-2006, 03:48 AM
And that's not what the law says, anyway. It's double time after 8 hours worked on the 7th consecutive day in the workweek. Each new workweek starts the clock over from zero.
http://www.dir.ca.gov/dlse/FAQ_Overtime.htm

Even so, I'm sure the employer isn't doing capriciously. Even without the double-time misunderstanding, this is still going to cost the employer some pretty big bucks.

pjs
11-16-2006, 05:23 PM
I have spoken with the invidual involved. Here is the latest.

He called payroll and they said
M-F & sat & Sun...constitutes 7 days for the week....
For the 6th & 7th days (Sat and Sun) its OT (1.5x)
and on 7th day (sun), if it crosses 8 hrs then its DT..
from then until midnight.

Then on Monday the week "resets" so there is no way (or
you can't) file 2x (overtime) on the Monday (the 8th day)
since it is now considered a new work week. So the 8th
day rule must only apply to companies that have a work
week of > 7 days?

Also, while it may not be kosher for his employer to ask
him to work continuously for a month, he is doing it voluntarily
because he needs the money. So he is doing it, and the only
question is...on the Mondays after having worked the previous
7 days in a row, can he file DT (2x) all day long or is that back
to regular time due to the reset of the workweek? We pretty
much know that he can't be filling DT (2x) for the whole month,
we just want to know if its legit for him to ask for it on Mondays.

Thks

Pattymd
11-17-2006, 05:06 AM
Then on Monday the week "resets" so there is no way (or
you can't) file 2x (overtime) on the Monday (the 8th day)
since it is now considered a new work week.

That's what the law says.

So the 8th day rule must only apply to companies that have a workweek of > 7 days?

That's impossible. The workweek MUST be defined as 168 consecutive hours (it appears it starts on Monday at 12:01 a.m.); no more and no less.

And he can "file" for anything he likes. The employer is required to pay as previously advised.

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