over time

[Connie]

California- I am working for a computer company and they do not pay my over time b/c of the way my shift is scheduled.

For example: On Monday, 10/11/04, I worked from 8PM-9AM(10/12/04). Less
1 hr lunch, the total is 12 hrs. The company paid me as followed: on 10/11/04: 4 hrs of reg (they paid me from 8PM-12AM); and
on 10/12/04, they paid me another 8 hrs reg (12am-9am). They did not pay me the overtime even though I worked straight from 8PM-9AM. Is this legal for them to do?
Please help.

[LConnell]

Not according to California state regulations. California defines a workday as, "Workday" and "day" mean any consecutive 24-hour period beginning at the -same time each calendar day." Under that definition, you are owed overtime for 4 hours.

Let me know if you have any other questions.

[Connie]

I have been trying to talk to them about the overtime, but they stated that
the California law states that "per calendar day". That was why they only paid me up to 12 midnight as regular hours and any hours after 12 midnight were considered as a new day. Is this correct?? What does
"calendar day" means by the law? Does it mean the time you start to work to the time you end your work, right? For example, 8PM to 8AM.

They still refuse to pay me the overtime. Should I file for complaint???


Please help!!!

[LConnell]

Yes, you should talk with the state. The definition of a workday may be found at: http://www.dir.ca.gov/IWC/SummaryInt...order2000.html. It says, "(A) "Workday" and "day" mean any consecutive 24-hour period beginning at the same time each calendar day." The key word, in my opinion, is the word, "beginning".

The following link tells you how to file a wage claim: http://www.dir.ca.gov/dlse/howtofilewageclaim.html

Let me know if the state gives you a different interpretation.