Hello, I work as a CNA in a care home. Recently our pay period was changed from 1-15 and 16 to end of month to being paid every other Wednesday. The pay period being two weeks. The workweek officially starts on Mon and days of work are rotating. I should add that we are paid hourly at $8-12 an hour depending. I have no idea if that would make us expempt or non exempt.

Before, our overtime was being paid at anything over 8 hours or 40 hours a week and anything over 12 hours would be double time.

With the change in pay period, we are required to work as much as 12 hours a day at regular pay and overtime would be anything over 80 hours in a two week period. Double time anything over 12 hours in a day.

For instance, one week I can work 32 hours and the next close to 48, but I get no overtime.

Being in the healthcare field, 12 hour work days are the norm, but shouldn't we be getting paid overtime for anything over 40 hours in a work week?

Thank you for any help.

There is an exception to traditional overtime rules for persons working in an establishment which provides care to the "sick, the aged, mentally ill or defective who resides on the premises". (The terminology is the state's, in case anyone is offended by the language used here.) An employee and an employer can enter into an agreement where hours are calculated over a two-week period.

There is also an exception for persons who work in establishments providing services to children requiring 24 hour care.

Whom are the primary recipients of the care in the establishment in which you work?

We work primarily with residents who are developmentally disabled.

California states that
"Employees of a hospital or an establishment which is an institution primarily engaged in the care of the sick, the aged, or the mentally ill or defective who reside on the premises and who are working in accordance with a 14 consecutive day work period in lieu of a workweek of seven consecutive days must be paid one and one-half times their regular rate of pay for hours worked in excess of eight in a workday and 80 in the 14-day period. Such an arrangement must be pursuant to an agreement or understanding arrived at between the employer and employee. No double time is required."
You can read more at: http://www.dir.ca.gov/dlse/FAQ_OvertimeExceptions.htm

I read that and am still a bit confused.

Per the exemption, if my employer is going by 14 consecutive work week, then he must pay overtime for more than 8 hours worked in a day. However, currently that isn't happening. We are getting doubletime after 12 hours but no overtime unless it amounts to more than 80 hours in the two week period.

Does the rule still apply if that is the case? Is it an either/or case? Meaning if he is paying overtime for 80+ hours in a two week period, then he doesn't have to pay overtime in excess of 8 hours a day?

Once again, Thank you for your help!

He should be paying you overtime for all hours worked over 8 in a day and 80 in a 14-day workperiod. He does not need to pay overtime. If you worked 80 hours which was spread over the two week period without going over 8 in any day, you would not be eligible for overtime.

He should be paying you overtime for all hours worked over 8 in a day and 80 in a 14-day workperiod. He does not need to pay overtime. If you worked 80 hours which was spread over the two week period without going over 8 in any day, you would not be eligible for overtime.

Currently, he is not paying overtime for any hours worked over 8 in a day. When I asked the boss about it, he explained this was possible because of an alternative work week schedule. When I looked it up, it gave the option of up to 12 hours of regular time but overtime for anything over 40hours in a work week. I found nothing about working 12 hours regular and the 80hour two week work week together.

Thank you for the clarification! Awesome site!