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  • Payroll question California

    Hello,

    I have a payroll question ,maybe some one has some information ?

    I worked a 12 hour shift on 4-6-12 . 3pm on 4-6-12 to 3 am 4-7-12. The close of the pay period ended at 12:00 midnight on 4-6-12. New payperiod starting on 4-7-12.

    The employer says the the time worked on 4-7-12 of three hours goes on the new payperiod . Is this corrrect? It seems to me that it would go on the previous payperiod for purposes of calculating overtime. It was one continuous shift.

    Any labor codes on something like this for reference. oops posted in wrong place please Ca area


    Thanks

    Interceptor
    Last edited by Interceptor; 04-12-2012, 10:29 AM.

  • #2
    Your starting point is a federal law (FLSA) concept called "workweeks". That is a fixed 168 hour period in time (24x7) unrelated to shifts, schedules, or pay periods. While it is theoretically possible for an employer to have many workweeks, almost all employers use a single workweek for ALL of their employees. My last 4 employers used a workweek ending Sunday midnight for all employees, which is also the legal default in CA.

    You need to ask your employer what they have choosen for their workweek.

    CA follows the federal workweek rules (no choice in the matter). CA also has daily overtime, unlike the feds. The federal workweek determines the CA workday.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      Ok so in the scenario . Does the 12 hour shift apply to april the 6 th at the close of that pay period or do 3 hours carry over to April 7 th start of a new pay period .


      The employer uses a Sat through Friday work week .


      Thanks Daw
      Last edited by Interceptor; 04-12-2012, 12:43 PM.

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      • #4
        I am assuming that workweek ending is Friday midnight. We have 7 workday piles. The first is all time worked Saturday 12:01 AM through Saturday midnight, and so on. We deal the hours like we are dealing a deck of cards. It does not matter about shifts or schedules. Just look at which "pile" the hour belongs to. Then once all hours have been allocated, look at the CA daily OT rules, DT first, then 150% rules next, federal 150% rules last. Each hour is counted only once however is most favorable to the employee.

        If Bob starts work at 10:00 PM and ends work at 06:30 AM (1/2 hour lunch), we have 2 hours in one pile and 6 hours in the other.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

        Comment


        • #5
          Found an article I believe related to your scenario..

          http://www.vtzlawblog.com/2011/03/ar...on-marine-inc/

          Comment


          • #6
            Originally posted by Droopy128 View Post
            Found an article I believe related to your scenario..

            http://www.vtzlawblog.com/2011/03/ar...on-marine-inc/
            Thanks folks . I was paid correctly and like DAW has pointed out. I just adjusted my time card to reflect the hours worked and on what days .

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