I didn't think this was an issue but co-workers of mine keep bringing it up. So here goes:

The background- We work in Arizona in the entertainment industry (that sounds like strippers, huh? It's totally not). We get contracted for a "day rate".. typically from companies out-of-state.. and most frequently from California.

It's usually just an email or phone call, "Are you available on abc days at xyz rate? You're hired." Often there is no written contract or "deal memo".

The problem- sometimes those days turn out to be 12-15 hours long.

The question- are the workers entitled to OT? California law apparently has some kind of OT legalities that apply in this situation but not Arizona.

What advice can I give the "complainers"?

Thanks!!! :)

If the workers are employees, the overtime laws apply, even if the rate of pay is a "day rate". If they are independent contractors, the wage and hour laws do not apply.

Assuming that OT even applies, if they are working in AZ, AZ OT laws apply, not CA, EVEN IF it is a CA company that hires you.

In AZ, OT applies only when you work over 40 hours in a week. It doesn't matter how many hours in a day you work; if you do not work 40 hours in a week, you don't get OT.

Now, if you work in CA, CA law applies and you get overtime when you work over 8 hours in a day.

But it's where you personally physically do the work that matters, not the location of the company that hires you.