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12 hour shifts in CALIFORNIA & Over Time California

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  • 12 hour shifts in CALIFORNIA & Over Time California

    Here's a quick question:
    We are going to have our hourly production employee start working 12 hours shifts (3 days the 1st week and 4 the next).

    When the employees work 3 days, the OT is easy to figure out. 8 hours per day x 3 of regular pay = 24 hours regular + 4 OT hours per day x 3 = 12 OT hours.
    Total hours worked during 3 days is 36.

    Question - on the 4th 12 hour shift, when does OT kick in?
    Is it after the 4th hour worked during that 12 hour shift (because that is when they hit 40 hours worked for the week), or is it after 8 hours worked that day?

    It will look like this as a running total of hours:
    day 1 = 8 hours regular + 4 hours OT = 12 hours total
    day 2 = 8 hours regular + 4 hours OT = 24 hours total
    day 3 = 8 hours regular + 4 hours OT = 36 hours total
    *day 4 = 4 hours regular + 8 hours OT = 48 hours total
    or
    *day 4 = 8 hours regular + 4 hours OT = 48 hours total

    Thanks
    JP

  • #2
    I am going to assume no Alternate Workweek Schedule, and we are using the vanilla CA overtime rules.
    - The feds do not care about CA OT. As long as the employer pays at least a 50% premium on all hours worked past 40 in the workweek, the feds are fine. The feds could not care less what happens with CA OT, and there is no federal rule that says federal OT is paid in addition to CA OT.
    - CA is very clear that there is no "pyramiding" requirement. The same hour only has to be classified once, in the manner most favorable to the employee.
    - Think of this like dealing a deck of cards. Each hour is only classified once in the manner most favorable to the employee. Separate out the double-time hours first, the CA time-and-a-half hours next, and the federal hours-past-40-in-a-workweek last. If an hour was already classified as once, it is not available to be classified a second time.
    - Given a 12-12-12-12-0-0-0, you have 48 hours worked, 32 hours at straight time and 16 hours at time-and-a-half. Neither the feds or CA care what method you use as long as you end up paying at least that. The method I described in the previous paragraph always gives the correct answer.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      It should be this

      Originally posted by cheetahback View Post
      day 4 = 8 hours regular + 4 hours OT = 48 hours total
      When you said next week is the fourth day fall into next work week? and how is your work week defined?

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