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need help understanding this California

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  • #16
    just to clarify:

    average start time is 8pm, the end of workday is 12am (midnight). some jobs run an average of 4am to have the vehicle back at yard (which differs depending on distance of location for the day). i can figure out the rest for the days that dont run more the 8 total hours per work order#.

    so if im off lets say sunday night which would normally run thru to monday morning, they can work me from monday night 4pm-12am and then continue from tuesday 12am-8am and then give me tuesday night off. and i now work 16 straight hours. since they might have to pay for the lunch break as of now.

    broken down a bit differently:
    4-lunch-8-lunch-4 hours. (4pm-8pm/lunch/8pm-4am/lunch/4am-8am)
    ^change as needed but this is a simple configuration of the 16 straight hours.

    im trying to find out if this is valid to avoid obligated overtime.

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    • #17
      If the hours are split so that 8 falls in one workday and 8 falls in another, no OT is due. There is no requirement that there be a set amount of time between shifts.
      I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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      • #18
        Agreed. Also there are (mostly) no rules on how long someone can work continuously. There are rules for minor children employees, and some industries have such rules (airline pilots, long haul trucker), but there are no such general rules that people cannot work long shifts.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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        • #19
          thank you, these were the kinds of answers i was looking for.

          i wanted to try to find a way to keep the other tech with this company but he used to make about $600.00 per week commission in about 25-30 hours but now he has to work 40 just to make 480.00 before taxes. today was his last chance for the company, what he normally made was about $150.00 but instead he only made $60.00 for the same job.

          thanks for all the replies, sorry if im not too keen on the labor talk side of the laws.
          this thread can be closed now.

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