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puzomatc
01-29-2007, 02:17 PM
How many hours can an employer schedule me in one day?

I am a non exempt hourly employee in retail in the state of California.
My supervisor scheduled me to work overnight tonight and during the day tomorrow. He give me an 8 hour break (exactly 8 hours) between shifts.
Tonight. 10pm to 6am. tomorrow 2pm to 9:30pm.

Using my collegiate math, that makes 12.5 hours worked (my lunches)

Can my employer expect and schedule me to work 12.5 hours in one day?
Will i be receiving overtime for this?
Does my employer have to buy my lunch if will not let me leave the store to go out to lunch?/ what if no one is open in the area?
What are the minimum hours i get off between shifts?

Google let me down on all this information.
Any chance of getting some lawyer lingo in here?

Thanks

cbg
01-29-2007, 02:23 PM
There are no laws in any state that specify the number of hours an employer can require an employee to work in a day, other than a few industry-specific laws in situations where there is a public safety factor (airline pilot, truck driver).

So yes, you can be required to work 12.5 hours in a day. Yes, since CA requires daily overtime, you will receive OT for this. Your employer is not required to buy you lunch, even if there is no store open in the area. No law specifies how many hours you must receive between shifts, except in the aforementioned industry specific exceptions.

puzomatc
01-29-2007, 02:34 PM
...you can be required to work 12.5 hours in a day....No law specifies how many hours you must receive between shifts, except in the aforementioned industry specific exceptions.

So theoretically...i could be expected to 17 hours in one day?

Midnight to 8:30am. then 11am to 7:30pm. Then 11pm to the next day.
or even the entire 12am to 12 am shift?

And that is legal? so long as i get overtime?
remember, California.

my father does that but he is a firefighter. He works 24 hour shifts...but i think there is some exempt/government thing with that.

cbg
01-29-2007, 02:47 PM
Yes, I realize that you are in California. Even California does not have any laws limiting the number of hours a retail employee can be required to work in one day. You could be required to work 17 hours - you could be required to work 24 hours. As long as you receive the appropriate overtime, it would be legal.

CA is one of the two states that does, in some circumstances, limit the number of hours that can be worked in a week/pay period, but there are still no daily limit laws, even in CA.

Your father, as a firefighter, falls under a different category of law but someone else will have to explain it to you.

puzomatc
01-29-2007, 02:55 PM
Thank you.

Stridor
01-29-2007, 03:06 PM
Firefighters and Parmedics are usually scheduled in crews. For instance there are three engines in a house, they schedule three sets of six employees. The crews are then designated first, second, and third out. The way that they rotate this over a 24 hour period increases the likelihood that any member of any crew will likely get to sleep, eat, rest etc. during his or her shift. There is another method that is used where a firefighter or paramedic is scheduled for 24 hours and paid for 16 because they are provided sleeping quarters and can expect to sleep eight hours uninteruppted. This link explains it better than I can. http://www.dol.gov/esa/regs/compliance/whd/whdfs22.htm

Villain
01-29-2007, 06:42 PM
If your employer does not allow you to leave your place of employment during your meal periods then that time must be counted as hours worked, i.e. you must be paid for that time, even if you are completely relieved from duty.

Pattymd
01-30-2007, 05:16 AM
If your employer does not allow you to leave your place of employment during your meal periods then that time must be counted as hours worked, i.e. you must be paid for that time, even if you are completely relieved from duty.

Villain, do you have a cite for that? Here is the (I believe) relevant IWC and it doesn't state that requirement (neither does the Labor Code, that I could find).
http://www.dir.ca.gov/IWC/IWCArticle4.pdf (#11)

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=lab&group=00001-01000&file=500-558 (Section 12)

Villain
01-30-2007, 01:56 PM
Taken from the DLSE enforcement manual: 46.5 Meal Periods : Where an employee although relieved of all duties is not free to
leave the work place during the time allotted to such employee for eating a meal, the
meal period is on duty time subject to the control of the employer, and constitutes
hours worked. Bono Enterprises v. Labor Commissioner (1995) 32 Cal.App.4th 968.

Further, http://www.dir.ca.gov/dlse/FAQ_MealPeriods.htm states "Unless the employee is relieved of all duty during the entire thirty-minute meal period and is free to leave the employer's premises, the meal period shall be considered "on duty," counted as hours worked, and paid for at the employee's regular rate of pay"

Pattymd
01-30-2007, 02:01 PM
OK, I missed that, thanks. :o

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