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Time Worked per Day California

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  • Time Worked per Day California

    I have always read these forums and you guys are the very best! I have an issue that I can't find in the search.

    I have an non-exempt part time hourly employee that worked an 8hr shift on one day starting at 6pm to 2am, and then got up in the morning and started working again 4hrs later at 6am to 2pm. These are special one time jobs, and this is unusual for us. However, are these two different shifts to be paid as 8hrs each, or to be paid as 16hrs at one time?


    Thanks in advance!

    David

  • #2
    What time of day does your defined work day start? Each 24-hour period, starting with the beginning day/time of your workweek stands alone.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      I have been told that there is no time of day designated as work day start.

      My main problem is that we use ADP for payroll, and ADP lumped this guys day all into one time. so instead of two 8hr shifts, he will be paid 1 16hr shift. I believe this is not correct.

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      • #4
        Tell your employer wrong answer - try again. Federal law (FLSA) requires all employers without exception to define a workweek. Large parts of federal law are based on this workweek definition.
        http://www.dol.gov/dol/allcfr/ESA/Ti...CFR778.104.htm
        http://www.dol.gov/esa/whd/regs/compliance/whdfs22.pdf
        http://www.dol.gov/esa/whd/regs/compliance/whdfs23.pdf

        CA law follows the federal rules (not like they had a choice in the matter), but also uses the workday (not used in federal rules). Per CA, the federal workweek defines the CA workday. Per CA, all workweeks end Sunday midnight unless the employer affirmatively defines a different workweek.
        http://www.dir.ca.gov/dlse/FAQ_Overtime.htm

        One last point. Shifts and schedules are legally unrelated to workweeks. The last 4 employers I worked for, two of them very large employers that everyone has heard of, all had workweeks ending Sunday midnight, meaning workdays also ending midnight. However none of these companies actually had shifts or schedules ending midnight, so changing shifts and schedules had no legal effect on the workweek. It is possible for employers to have more then one workweek legally, but it is a major PITA to do so, and I have never heard of employer using more then one workweek at a single job site. Most employers instead just use a single workweek for all employees at all job sites in all states. Much easier since both minimum wage and overtime calculations are hard tied into this definition and these can be fairly difficult calculations even with a single workweek defined. Only very dumb employers (who of course exists) go out of their way to make this more complicated then it has to be.

        Read the very last factsheet cited (CA overtime). That will say everything that you need to hear.

        By the way, while it is traditional for employers to blame the outside payroll service for everything, point of fact, most of the time the payroll service is just doing what they are told. There is a zero percent chance that ADP is telling your employer what the workweek is for your company. It is unlikely that ADP has a clue what your workweek is. Your payroll department tells ADP to pay Joe Blow xx regular hours and yy overtime hours and ADP does so. ADP has not a clue who Joe Blow is, or what the hours worked should be. ADP is simply following instructions from the payroll department. Garbage in. Garbage out.
        Last edited by DAW; 04-21-2009, 11:07 AM.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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        • #5
          Perfect. Back to HR...............

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