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CA - 14 to 16 hour days, legal? California

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  • CA - 14 to 16 hour days, legal? California

    I'm essentially a security guard. I start work at 0000 (midnite) and end at 0830. My boss in making me work MANDATORY overtime from 0830 to 1400 (2pm) for a special assignment. That is 13.5 hours total. I get a 30 min unpaid meal break. Is it legal to work over 12 hours in a day? I've been made to work up to 16 hours as well (mandatory) because we're "short on manpower". What is the legal limit of hours worked in one day in California? Any insight is appreciated. Thank you.

  • #2
    There is no legal limit of hours worked in a day in any state.

    CA is one of the two states that limits the number of overtime hours that can be worked in a week/pay period but no state has a daily limit.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      Thank you for the quick response. Just what I feared though. So I could potentially be mandated to work up to 24 hours straight if it is required by my employer on a mandatory overtime basis?

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      • #4
        Potentially, yes.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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        • #5
          bodog: My boss in making me work MANDATORY overtime from 0830 to 1400 (2pm) for a special assignment. That is 13.5 hours total. I get a 30 min unpaid meal break. Is it legal to work over 12 hours in a day?

          It is legal to have an employee work 12+ hours in a day. However, it is illegal to provide them only one (1), 30-minute meal break. California law mandates that two (2) 30-minute meal breaks are due when an employee works over 10 hours a day.

          I trust that your employer is paying you time-and-a-half for all working between 8 and 12 hours a day and double-time for working in excess of 12 hours a day, as the law requires. These premium, wage payments should offset some of the sting of working those long shifts.
          Barry S. Phillips, CPA
          www.BarryPhillips.com

          IRS Circular 230 Disclosure: This response is intended to provide general information and written for educational purposes only. It does not establish a client relationship. This communication is not intended to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to any party any matters addressed herein.

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          • #6
            I worked a 30 hour day and multiple 14-16 hour days.

            The job had to be done and had to be shipped by a certain time so it can arrive at the location so yea they can make you work longer:}

            You also get the 2 meal periods plus the ten minute break periods as stated.

            It is not that bad it can suck till you get your paycheck.

            Edit it is possible you will get 3 meal periods depending on when they give you time for lunch since California law state that no employee shall work longer then 5 hours without a meal period. (Unless this just changed but highly unlikely.

            http://www.dir.ca.gov/IWC/IWCArticle4.pdf
            info noted below examples

            Example 3 lunch periods
            4 hours then half hour lunch = 4.5 hours
            4.5th hour to 8.5 hours then half hour lunch another 4.5 hours brings it to 9 hours
            9th hour to 13th hour then half hour lunch = 13.5 hours then you rlast ten minute break (hopefully and for that many hours a smart employer would) then off at the 16th hour.

            Example 2 lunch periods
            work 4 hours 45 minutes then half hour lunch brings it to 5:15 hours
            5:15 to 10 hours another 4 hours 45 minutes then half hour lunch brings it too 10:30
            10:30 hours to 15:15 hour hours is another 4:45 so could be let off then so only gives you 2 lunches

            You go home and have a BEER.

            11. Meal Periods
            (A) No employer shall employ any person for a work period of more than five (5) hours without a meal period of not less than 30 minutes,
            except that when a work period of not more than six (6) hours will complete the day’s work the meal period may be waived by mutual
            consent of the employer and the employee. Unless the employee is relieved of all duty during a 30 minute meal period, the meal period shall
            be considered an “on duty” meal period and counted as time worked. An “on duty” meal period shall be permitted only when the nature of
            the work prevents an employee from being relieved of all duty and when by written agreement between the parties an on-the-job paid meal
            period is agreed to. The written agreement shall state that the employee may, in writing, revoke the agreement at any time.
            (B) If an employer fails to provide an employee a meal period in accordance with the applicable provisions of this order, the employer
            shall pay the employee one (1) hour of pay at the employee’s regular rate of compensation for each workday that the meal period is not
            provided.
            (C) In all places of employment where employees are required to eat on the premises, a suitable place for that purpose shall be
            designated.
            (D) Notwithstanding any other provision of this order, employees in the health care industry who work shifts in excess of eight (8) total
            hours in a workday may voluntarily waive their right to one of their two meal periods. In order to be valid, any such waiver must be documented
            in a written agreement that is voluntarily signed by both the employee and the employer. The employee may revoke the waiver
            at any time by providing the employer at least one (1) day’s written notice. The employee shall be fully compensated for all working time,
            including any on-the-job meal period, while such a waiver is in effect.
            12. Rest Periods
            (A) Every employer shall authorize and permit all employees to take rest periods, which insofar as practicable shall be in the middle of each work
            period. The authorized rest period time shall be based on the total hours worked daily at the rate of ten (10) minutes net rest time per four (4) hours
            or major fraction thereof. However, a rest period need not be authorized for employees whose total daily work time is less than three and one-half
            (31/2) hours. Authorized rest period time shall be counted as hours worked for which there shall be no deduction from wages.
            (B) If an employer fails to provide an employee a rest period in accordance with the applicable provisions of this order, the employer
            shall pay the employee one (1) hour of pay at the employee’s regular rate of compensation
            Last edited by Actongue; 10-11-2008, 09:59 AM.

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