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  • Consecutive days question - California

    I did a search but could not find an answer that best fits my situation.

    I work in California. The workweek at my job runs from Sun-Mon. I'm scheduled to work from Wednesday of this week -Tuesday of next week. Does the 7 consecutive day rule apply here? Or does it have to fall within the Sun-Mon workweek?

    And regardless of this situation, when the rule does apply, the seventh day is counted as 1.5 pay rate. Am I correct?

    Thanks for any help!

  • #2
    How many hours are you working on each day?
    http://www.parentnook.com/forum/

    Comment


    • #3
      For overtime purposes, it's seven consecutive work days in the workweek; each workweek stands alone.

      For the "one day's rest in seven" rule, the DLSE enforcement manual (I think it is) has interpreted this to mean the equivalent of one day's rest in seven over a month period. DAW may have more on this.

      OP, I'm assuming you're nonexempt? (Generally speaking, paid on a hourly basis.) True?
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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      • #4
        We need to be clear which "7 day" rule is being discussed. The overtime rule is 7 days actually worked in the workweek. However, the one day off in seven rule is not based on the work week. It is part of CA labor code section 551 and 552, but then section 554 turns around and says that 4 days off for every 28 days is acceptable.

        There is a lot of fine print associated with labor laws. It is too easy to try to take a sentance or two as the answer when it is required to look at all related sections.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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        • #5
          I am working eight hours a day. And I am paid on an hourly basis.

          Comment


          • #6
            Yes, the 7th day should be compensated at a rate of not less than 1 1/2 x regular rate of pay. It seems your non-exempt- otherwise wouldn't apply.

            Hold on a minute. One of you HR people, when you say 7 consecutive days in the workweek are you talking about employer's workweek or employee's workweek? This case employer Sun to Mon - employee Wed to Tues
            Last edited by Betty3; 10-06-2007, 04:56 PM.
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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            • #7
              http://www.dol.gov/dol/allcfr/ESA/Ti...CFR778.105.htm

              29 CFR 778.105 - Determining the workweek
              An employee's workweek is a fixed and regularly recurring period of 168 hours--seven consecutive 24-hour periods. It need not coincide with the calendar week but may begin on any day and at any hour of the day. For purposes of computing pay due under the Fair Labor Standards Act, a single workweek may be established for a plant or other establishment as a whole or different workweeks may be established for different employees or groups of employees. Once the beginning time of an employee's workweek is established, it remains fixed regardless of the schedule of hours worked by him. The beginning of the workweek may be changed if the change is intended to be permanent and is not designed to evade the overtime requirements of the Act. The proper method of computing overtime pay in a period in which a change in the time of commencement of the workweek is made, is discussed in Secs. 778.301 and 778.302.
              "Reality is that which, when you stop believing in it, doesn't go away".
              Philip K. **** (1928-1982)

              Comment


              • #8
                Thanks, DAW. I appreciate it - I just wanted to be positive. Betty
                Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                Comment


                • #9
                  Originally posted by DAW View Post
                  http://www.dol.gov/dol/allcfr/ESA/Ti...CFR778.105.htm

                  29 CFR 778.105 - Determining the workweek
                  An employee's workweek is a fixed and regularly recurring period of 168 hours--seven consecutive 24-hour periods. It need not coincide with the calendar week but may begin on any day and at any hour of the day. For purposes of computing pay due under the Fair Labor Standards Act, a single workweek may be established for a plant or other establishment as a whole or different workweeks may be established for different employees or groups of employees. Once the beginning time of an employee's workweek is established, it remains fixed regardless of the schedule of hours worked by him. The beginning of the workweek may be changed if the change is intended to be permanent and is not designed to evade the overtime requirements of the Act. The proper method of computing overtime pay in a period in which a change in the time of commencement of the workweek is made, is discussed in Secs. 778.301 and 778.302.
                  So the seven consecutive days rule would only apply if I was scheduled from Sun-Mon in this case? Am I correct?

                  Thanks for all the help.

                  Comment


                  • #10
                    Originally posted by eponymouss View Post
                    So the seven consecutive days rule would only apply if I was scheduled from Sun-Mon in this case? Am I correct?

                    Thanks for all the help.
                    NO!!!!! Workweek never has anything to do with the schedule.

                    Work week is a federal rule. Talk to your employer and find out what your employer has set your workweek as. California employers I have worked for had this publically posted. While it is legally possible to have different workweek definitons for each employee, this would mechancially be extremely difficult to implement. I have never worked for an employer who did not use a single workweek defintion for all employees, even though these were big companies who had many shifts and schedules. My last two employers had a workweek that ended at Sunday midnight even though no one actually worked that particular shift/schedule.

                    California's seven day overtime laws only apply if all seven days in the workweek were actually worked. Any time any one uses the words "schedule" or "shift" in connection with overtime, it means that they do not understand the overtime rules. Overtime is a function of actual hours worked in the work week. Shifts and schedules mean nothing what-so-ever.
                    "Reality is that which, when you stop believing in it, doesn't go away".
                    Philip K. **** (1928-1982)

                    Comment


                    • #11
                      Originally posted by DAW View Post
                      NO!!!!! Workweek never has anything to do with the schedule.

                      California's seven day overtime laws only apply if all seven days in the workweek were actually worked. Any time any one uses the words "schedule" or "shift" in connection with overtime, it means that they do not understand the overtime rules. Overtime is a function of actual hours worked in the work week. Shifts and schedules mean nothing what-so-ever.
                      Now you've confused me. I stated that my workweek was Sun-Mon in my opening post.

                      If I understand correctly my situation involves the overlapping of two differnet workweeks. So it doesn't fall under that rule. Correct?

                      I tend to "actually" "work" all hours "scheduled" for me in a week. I'm not sure what other terminology I should be using. I will "work" seven days in a row.

                      I "worked" ten hours yesterday, even though I was "scheduled" for a ten hour "shift." Thus the overtime rule takes effect for yesterday. What am I missing here?

                      Comment


                      • #12
                        Originally posted by eponymouss View Post
                        Now you've confused me.
                        We have something in common. I keep saying that schedules has nothing to with overtime, and you keep responding by repeating the "schedule" word over and over again. May I ask why? If your schedule is legally meaningless, and it is, then why do you keep phrasing your question in such a way as to imply that the schedule actually means something?

                        Originally posted by eponymouss View Post
                        If I understand correctly my situation involves the overlapping of two differnet workweeks. So it doesn't fall under that rule. Correct?
                        Correct. California overtime law says nothing about working 7 days in row. The actual rule is worded as follows. Please note how "workweek" is mentioned and "schedule" is not. The following webpointer is the easy version of California's overtime rules. Just a suggestion, but you might want to read the rules.

                        Double the employee's regular rate or pay for all hours worked in excess of 12 hours in any workday and for all hours worked in excess of eight on the seventh consecutive day of work in a workweek.

                        http://www.dir.ca.gov/dlse/FAQ_Overtime.htm

                        Originally posted by eponymouss View Post
                        I "worked" ten hours yesterday, even though I was "scheduled" for a ten hour "shift." Thus the overtime rule takes effect for yesterday. What am I missing here?
                        Overtime is mostly calculated on a workweek basis. You mentioned both "schedule" and "shift", words that do not affect overtime, but which your question maybe implies otherwise. California does have a daily overtime rule in which hours worked past 8 in the day are paid at 150% regular-rate-of-pay (absent an Alternative Work Schedule), so you apparently have 2 hours of daily overtime. However for most purposes overtime is calcuated by looking at actual hours worked in the work week.
                        "Reality is that which, when you stop believing in it, doesn't go away".
                        Philip K. **** (1928-1982)

                        Comment


                        • #13
                          Originally posted by DAW View Post
                          We have something in common. I keep saying that schedules has nothing to with overtime, and you keep responding by repeating the "schedule" word over and over again. May I ask why? If your schedule is legally meaningless, and it is, then why do you keep phrasing your question in such a way as to imply that the schedule actually means something?

                          Just a suggestion, but you might want to read the rules.

                          Overtime is mostly calculated on a workweek basis. You mentioned both "schedule" and "shift", words that do not affect overtime, but which your question maybe implies otherwise.

                          However for most purposes overtime is calcuated by looking at actual hours worked in the work week.
                          I obviously didn't know what the California Laws were, which is why I registered to post this question. I am sure am glad I came on here to be "schooled" by someone who knows what they are talking about. Thanks you so much for your wonderful lesson in semantics. I promise to never use the word schedule or shift again when it comes to overtime. Especially since you've made it clear that I have no idea what I am talking about. Even though I knew that when I came here. Thanks again Professor.

                          Comment


                          • #14
                            Okay, maybe I can try to explain what the workweek is (even though I'll probably fail).

                            For instance, if you're paid bi-weekly, you're being paid for two workweeks each paycheck. Where I work, the workweek begins at 12:01am monday and goes until midnight on sunday. It is a consecutive 168 hours. You may be scheduled for say, Oct. 14th, 16th, 17th, and 18th. Oct. 14th would fall on a different workweek than the rest of the days even though it's in the same week. Does that make sense?

                            So that's why DAW was saying a schedule doesn't mean anything. You need to know what your employer considers as their workweek in order to know when/how you are entitled to any overtime.

                            Hope this helps.

                            Comment


                            • #15
                              Or, to provide another example, my employer's work week starts on Sunday morning at 7:00 a.m. It is a very rare week that I am scheduled to work Sundays - I think it has happened three times in the last year. Generally, my schedule starts Monday at 11:00 pm. But that does not change the fact that the work week runs from Sunday at 7:00 am till Sunday at 6:59. Superimposed over that is my schedule, which is the graveyard shift, Monday-Thursdays and alternating Fridays and Saturdays.
                              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.

                              Comment

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