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  • hours in between shifts

    I don't Know maybe you can help me, I was always told that you are supose to have 8 hours in between your work shifts, my current job doesnt allow that. Some employees go in at 4 pm and are schedualed to 12 am, but most of the time we are there till 2 am in order to finsh the job. Then we are schedualed to come in at 6am , 4 hours later. I know we dont get over time because some idiot made a work day end at 12am or so my employeer tells me. Some of the managers say we are supose to get 8 hours in between, and when we bring it up to the ones that schedual us they threaten to cut our hours all together.

  • #2
    State

    What state are you in?
    Lillian Connell

    Forum Moderator
    www.laborlawtalk.com

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    • #3
      California

      sorry forgot i live in california

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      • #4
        California

        Your employer can dictate your schedule. However, they must also compensate you for the hours. California is particularly strict with employers, re: payment of overtime. For example, non-exempt employees receive overtime at time and a half for hours worked over 8 and up to 12 in a 24 hour period. After 12 hours in a 24 hour period, the employee must be paid double time.

        So, an employee working a "split shift" such as you are describing will be eligible for a considerable amount of potential overtime.

        Let me know if you have any other questions.
        Lillian Connell

        Forum Moderator
        www.laborlawtalk.com

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        • #5
          I live in Ca. my employer had me work 2pm till 11pm then back at 5 am-7am then back at 3:30-9:30, should I get double time on the second day?
          It is a really large corporation.
          What is the turn around time between shifts in CA?
          Last edited by karen nugent; 03-11-2006, 09:44 PM.

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          • #6
            Split Shift Pay

            Hello I too live in Ca. If you are reporting to work twice in one day your employer owes you what is considered split shift pay. Provided you are a non exempt employee.It bolis down to when the employer caculates the start of a 24 hour period and when it ends. Same for the work week.

            I have had similar situations with employers. the state has guidlines for working split shifts and also what is called reporting time pay.These laws are in force as a detterent to an employer who is trying to constantly control your off time.

            There is no law for having 8 hours between shifts. May be your company policy. Go to the division of industrial relations web site for California. At www.dir.ca.gov.

            Also your employer is required to have posted by law in the work place the IWC wage order for your occupation . Like for example in a break room or a place where all employees can read this easily. This quotes the specific law that your employer is obligated to abide by. Look for information on California reporting time pay and split shift pay.

            More than likely although they are obligated to pay this they are not. This is all to common in California. Good Luck

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            • #7
              Oregon labor

              Same thing with me at my Hotel. I am on salary and I have to work today 12noon until 11pm. Drive 45 minutes home and return tomorrow at 7am! What is the legal turn around between shifts? I was told it was 8 hours as well. Ever since I got on salary I am making an average of 8 an hour!!!!

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              • #8
                State Provisions

                Oregon is probably different than California .This thread actually pertained to Ca. Perhaps the department of labor may have some answers for you. Check your state regulations.

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                • #9
                  Generally speaking, there is no law that requires a certain number of hours between shifts, except for limited types of safety-related jobs, such as airline pilots and over-the-road truck drivers, for example. So, in your position, this is not illegal.

                  I am a little interested though in your reference to being "salaried", which is merely a pay method. What exactly are your job duties?
                  I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                  • #10
                    Okay, let's make this as clear as possible.

                    Unless you are in one of the few industry-specific exceptions where there is a public safety factor, there is no law in any of the 50 states which requires you to have 8 hours off between shifts.

                    Okay?
                    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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                    • #11
                      OK Please Help Me Get This Correct...

                      I sometimes work from 2pm to 10:30pm, and then sometimes have to return to work at 6:45am the following morning, so am I to understand that since I am working within a 24 hour time frame that 7 of the hours i work the next day should be paid as overtime? I hope im getting this correct, if so im owed a lot of money....(example) 2pm - 10:30 pm, I get two 15min breaks, and a 30 min lunch, comes out to be 8 hours. So am I to believe that since I start work again the next day at 6:45am- 3pm that I am still with a 24 hour period untill 2pm that day...and that i should get paid overtime for 7 of the 8 hours that I work..is that right, please get back to me asap, becasue i have copies of every day I worked for my company from the 1st day untill now, thanks a lot anybody who replies : )

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                      • #12
                        Hello,

                        1. Are you in California?
                        2. Are you exempt or non exempt?
                        3. Are you paid hourly? or salary?

                        How your employer defines the start of a workday is needed to consider your question. Or how your employer defines the start of a workweek.

                        For example if your employer start the workday @ 12:00 am and it ends at 11:59 pm , then your 2pm to 10:30pm shift counts as within that workday.

                        Reporting to work the next day @ 6:45 am to 2:00 pm is counted as time worked for the next day. No overtime pay is due.

                        It boills down to your empoyers definition of the start of a work day and work week.

                        Typically an employer start a workweek on Sunday and ends on Saturday. And the work day runs from 12:00 am to 11:59 pm. Some employer handle this differently.

                        Sounds to me like your employer is perfectly within the scope of the law. You are receiving your meal and rest periods.

                        I am by no means an attorney just an individual who studies labor law as a hobby.

                        Without this information it is impossible to make any determinations.

                        Hope this info is helpful.
                        Last edited by Interceptor; 04-12-2006, 04:14 PM.

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                        • #13
                          Hi thanks for the reply, yes I am in california, and my work weeks start on monday, im not sure if im exempt or not, becasue I really dont know what would qualify for me to be so or not, but if it helps I work for a supernarket.

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                          • #14
                            Sounds like you're going to have to ask your employer what time and day of the week the defined workweek starts. It's not YOUR workweek that's important, it's what the company defines as THE workweek.

                            Also, it's not WHERE you work, but what you do there that's important. What exactly do you do?
                            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                            • #15
                              time off between shifts

                              [COLOR=Red]
                              Originally posted by Pattymd
                              Generally speaking, there is no law that requires a certain number of hours between shifts, except for limited types of safety-related jobs, such as airline pilots and over-the-road truck drivers, for example. So, in your position, this is not illegal.

                              I am a little interested though in your reference to being "salaried", which is merely a pay method. What exactly are your job duties?


                              Patty where would one find the definitions in the statute defining what a safety-related job is? How about a refinery worker who makes gasoline? Can you be forced to come back to work a 4 hour shift after doing 12 hour shifts?

                              Dano

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