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Overtime Pay on an Overnight Shift?

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  • Overtime Pay on an Overnight Shift?

    Company's manual states that a day starts at 12:00 AM and end at 11:59:59 PM

    Most of the business is performed during regular daytime hours.
    That said, one employee starts at 10:00 PM until 9:00 AM the next day.

    Technically that's
    2 hours 1st day
    8 hours (9hrs w/ 1 hour meal break) the second day

    Is it correct to pay this all at regular pay because it's two different work days?
    Or because it's a continuous shift, it should be 8 hours regular pay and 2 hours of Overtime?

  • #2
    If we are talking an employee for whom that 10 hours are the only time worked in the workweek, and there is no Alternative Workweek Schedule, then according to CA state law, we have 10 regular time hours.
    https://www.dir.ca.gov/dlse/FAQ_Overtime.htm
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      Clarification

      Originally posted by DAW View Post
      If we are talking an employee for whom that 10 hours are the only time worked in the workweek, and there is no Alternative Workweek Schedule, then according to CA state law, we have 10 regular time hours.
      https://www.dir.ca.gov/dlse/FAQ_Overtime.htm
      I see the link to the dir.ca.gov, but it really doesn't ready address this specifically.
      I've talk to a couple people that should know the answer, but have different views.

      So to keep it simple:
      The company's published work schedule is 12:00am to 11:59:59PM
      Employee ONE works 7am to 7pm; That's 8 hours Reg, 2 hours OT, with two 1 hour meal breaks
      Employee TWO works 7pm to 7am; That's 4 hours Reg (1hr meal) Day 1, and 6 hours Reg (1hr meal) Day 2, No Overtime earned.
      Both are a net 10 hour shift, but employee TWO does not earn OT pay because the shift continues through two work days.
      This makes sense logically, but does the Labor Dept see it that way?
      In addition, you could see where an employee would see this as unfair.

      Thoughts?

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      • #4
        I do see your point...one solution would be to pay a shift differential to the one who splits over two days to make it more equal. Not required, but if I were the guy working overnight shift, a shift differential would be helpful.

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        • #5
          Originally posted by CA_LABOR View Post
          This makes sense logically, but does the Labor Dept see it that way?In addition, you could see where an employee would see this as unfair.Thoughts?
          It is exactly the way CA-DLSE sees it. Please feel free to give them a call.As suggested by the other poster, you can always put in a shift differential if you want to. The federal and CA rules are floors, not ceilings. You can always pay more then legally required.
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

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