Hi, I have a question regarding the definition of workweek. I think my California employer owes me overtime, and they are splitting the week in order to get around paying it.

Here is my situation: I worked 7 days in a row, but it crosses over from one employer-defined workweek into the next.

The employer defines the workweek on our schedules as Saturday through Friday.
(Sat, Sun, Mon, Tue, Wed, Thu, Fri)

I am scheduled Mon, Tue, Wed, Thu, Fri, Sat, Sun, 10:00 AM to 6:00 PM. That's seven days in a row.

The way my work schedule looks on the wall is like this:
Week 1 -- Monday through Friday, 10 to 6. (40 hrs)
Week 2 -- Saturday, Sunday, Wednesday, Thursday 10 to 6. (32 hours)

So, I worked seven consecutive days in my mind, but they are saying I only worked 5 days during their "week 1".

It looks like they are splitting the week to avoid paying me overtime. Do they owe me overtime for the Saturday and Sunday of "week 2"?

Thanks,

Joshua

You did work seven consecutive days, but not seven in a single work week.

Do they owe me overtime for the Saturday and Sunday of "week 2"?

No, they are paying you in accordance with the law. If you work seven days in a work week, you get the overtime provided by law, but you did not.

Unless the employer starts changing its definition of when the work week begins and ends, all is legal.

I have had staffing reps working for me attempt to redefine the work week of some of our temps to avoid overtime. They were unsuccessful. Changes to what the work week is should be very, very rare and never done in an attempt to avoid overtime.

I agree with ScottB.

workweek
Any seven consecutive days, starting with the same calendar day each week beginning at any hour on any day, so long as it is fixed and regularly occurring. "Workweek" is a fixed and regularly recurring period of 168 hours, seven consecutive 24-hour periods.


http://www.dir.ca.gov/dlse/FAQ_Overtime.htm

BTW, it is quite legal in all 50 states for an employer to arrange an employee's schedule so that they do not go into an overtime situation. Barring a bona fide contract or CBA that says otherwise, working overtime is not a right. Being paid for overtime you do work is, but the working of it is not.

Setting hours is one thing, but gaming the administrative work week and exemptions are another.

Setting hours is one thing, but gaming the administrative work week and exemptions are another.

I don't think the OP said anything about the employer switching him between exempt and nonexempt to avoid paying overtime. We all assumed (logically) that since the OP mentioned overtime pay that he was nonexempt.

He didn't, I was just mentioning that as an addition.

Just to show that this isnt rare, our workweek starts at 0001 Thursday and goes thru midnight the following Wednesday.

You can technically be scheduled for 10 days "in a row" and not be still not be due any O/T if the 10 days fall with 5 in each work week.