I worked 48 consecutive hours without a day off. When I was told to come in on what should have been my day off, I asked was I being paid at overtime rate. I was told that we are working weekly and the work week starts on Monday, my day off. I work for a retail store that is open 7 days a week, my schedule changes whenever they need someone to fill in, I am low man on the totem pole, last in pecking order. I really need the job and don't want to cause any complications, but I'm sure I'm being taken for a ride by management! This addition 8 hrs was to facilitate a change in my work schedule or days, which were Monday, Tuesday. Now I have been told that I have one day off, Tuesday and back to work till Sunday for another day off!

Thanks for your Input in advance

Desktek

Generally speaking, this is, IMHO, stupid on the employer's part, but it isn't illegal.

Assuming you are a nonexempt employee (and no other exception applies) federal law requires that you be paid overtime when you work over 40 hours in the workweek, which you say starts on Monday. That's when you start counting.

If you post your state, we can tell you if double-time may apply.

Also, what exactly do you do?

The only state where double time is ever required is California.

I am assuming that you mean 48hrs were worked over 6 days not that you worked for 2 solid days.

If the work week is Monday - Sunday. And you worked Wednesday - Sunday in week one. And Monday, Wendesday - Saturday of week 2. No overtime is due, as only 40 hours were worked in each of the work weeks.

I am assuming that you mean 48hrs were worked over 6 days not that you worked for 2 solid days.

When I first saw this thread, I thought the poster meant 48 consecutive hours of work. That, after all, is what the subject claims, as opposed to working six consecutive days without a day off. It is not impossible for someone to work 48 hours in a row nor is that illegal in most jobs.

Overtime is owed, under federal law, for working more than 40 hours in a work week (said work week defined by the employer and it usually does not change, but it is not necessarily start at 12:01 AM on Sunday and end at midnight on Saturday).

Being called in on a day off is legal and no overtime is owed if the hours worked at that point are less than 40. It could happen that the extra time could cause the employee to go over 40 in the work week AND the employer rearrange schedules to avoid that. Legal.

I am assuming that you mean 48hrs were worked over 6 days not that you worked for 2 solid days.

If the work week is Monday - Sunday. And you worked Wednesday - Sunday in week one. And Monday, Wendesday - Saturday of week 2. No overtime is due, as only 40 hours were worked in each of the work weeks.

I registered to find out just about this very issue. My employer continually cheats me out of overtime. For instance, I worked 18.hrs straight but because it hit midnight halfway through, they said, "Oh no, that is two separate days.'

I am in California, and I am pretty sure from some topical reading I have done that 6 consectutive days, whether or not they all fall in the same pay period (work week) is legally considered overtime.

I am in this same situation right now and before I make a stink, I am trying to confirm that this is the case. Does anyone know? (Again, for California. I read that it is not the case in other states).

Many thanks

Sorry, RickyN, you're misinterpreting the law. Each work day (as defined by the employer) stands alone when it comes to daily overtime. So, if the work day starts as midnight, then that starts a new day for purposes of daily overtime. In addition, the "6 consecutive days" of which you speak provides only that you be paid 1.5 overtime when you work over 8 hours on that 6th consecutive day in the workweek. If the 6 days in a row cross over workweeks, that doesn't meet the criteria.
http://www.dir.ca.gov/dlse/FAQ_Overtime.htm

In summary, the critical issue here then is what day/time the workweek (as defined by the employer, not your individual work schedule) starts.

And to clarify the payperiod and work weeks may or may not coincide. So it is possible to work 6 days in a workweek and have it fall over two pay period.

Sorry, RickyN, you're misinterpreting the law. Each work day (as defined by the employer) stands alone when it comes to daily overtime. So, if the work day starts as midnight, then that starts a new day for purposes of daily overtime. In addition, the "6 consecutive days" of which you speak provides only that you be paid 1.5 overtime when you work over 8 hours on that 6th consecutive day in the workweek. If the 6 days in a row cross over workweeks, that doesn't meet the criteria.
http://www.dir.ca.gov/dlse/FAQ_Overtime.htm

In summary, the critical issue here then is what day/time the workweek (as defined by the employer, not your individual work schedule) starts.

Thank you very much for explaining that. I was having difficulty understanding the wording (I was reading the actual labor code) That link and what you said made it much clearer.

Thanks

And to clarify the payperiod and work weeks may or may not coincide. So it is possible to work 6 days in a workweek and have it fall over two pay period.

Thank you for the info