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Minimum Hours between shifts Idaho

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  • Minimum Hours between shifts Idaho

    What are the minimum hours between shifts I can assign to my employees in the State of Idaho, we close at 11pm their clock out by 1130p and we need prep people by 6am the next morning? I figure I will have to have two different shifts those days to avoid not meeting the minimum. If anyone knows thanks, I have looked everyway in the DOL.

  • #2
    Originally posted by Sherigundrum View Post
    What are the minimum hours between shifts I can assign to my employees in the State of Idaho, we close at 11pm their clock out by 1130p and we need prep people by 6am the next morning? I figure I will have to have two different shifts those days to avoid not meeting the minimum. If anyone knows thanks, I have looked everyway in the DOL.
    There is none, but your idea of different crews makes sense, since you don't want them to injure themselves because they're too sleepy.
    Please no private messages about your situation.

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    • #3
      Thanks

      I know in some states (CA for instance) an employee cannot be schedule less than 8 hours between shifts for the same employer.

      Comment


      • #4
        Originally posted by Sherigundrum View Post
        I know in some states (CA for instance) an employee cannot be schedule less than 8 hours between shifts for the same employer.
        But, you're not in CA.
        Please no private messages about your situation.

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        • #5
          Originally posted by Sherigundrum View Post
          I know in some states (CA for instance) an employee cannot be schedule less than 8 hours between shifts for the same employer.

          Do you have an actual source for this that you can share? Thank you.
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

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          • #6
            I'm in California and deal with the question all the time. There is no such law in California unless it's in an obscure wage order that applies only to a very few jobs. This is a very persistent myth that might have some historical basis in old law, but it has not been law for a very long time.

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            • #7
              Sorry Martini Girl BUT

              I worked for an employer and I ended my shift at 3am on Sat, they could not schedule me for at least 8 hours minimum plus time to get home and back. Some states I am told from my CPA require 12 hours.....read postings under the Heading "Minimum hours between shifts" Old thread, several people from CA and other states replied with the same answers....but it only applies to the same employer, if you work for two or more employers then it is mute. But thanks for all your assistance. Our CPA said 12 hours, but I really thought it was 8 hours between. Good to know that there isn't a labor law...perhaps though someone could give me a source to confirm it as I would prefer something concrete and in writing. Just for covering myself.

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              • #8
                Your employer may choose to have a policy that requires a certain number of hours off between shifts, but there is no labor law in California requiring it. Often employees get laws and employer policy confused. An employer can require you to work a certain way, as long as it's not illegal. But, it doesn't mean that all employer policies are required by law.

                I can't find you anything in writing, because there isn't such a law. If you have a link from another thread that contradicts this, or a link to the California law itself, please post it.
                Last edited by martinigirl; 10-31-2007, 01:22 PM. Reason: misspelling

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                • #9
                  CA law found

                  (10) Provided further that no employee shall be required to work more than 16 hours in a 24-hour period unless by voluntary mutual agreement of the employee and employer, and no employee shall work more than 24 consecutive hours until said employee receives not less than eight (8) consecutive hours off-duty immediately following the 24 consecutive hours of work.

                  source - INDUSTRIAL WELFARE COMMISSION ORDER NO. 5-2001
                  REGULATING WAGES, HOURS AND WORKING CONDITIONS

                  I have been unable to find the same laws in Idaho which is why I am asking -- DOES IDAHO HAVE A MINIMUM TIME OFF HOURS BETWEEN SHIFTS?????

                  Comment


                  • #10
                    Don't yell.

                    And did you see that CA IWC 5-2001 applies to the Public Housekeeping Industry (including Health Care?

                    No.
                    Last edited by Pattymd; 10-31-2007, 02:04 PM.
                    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                    • #11
                      FLSA states

                      Sleeping Time and Certain Other Activities: An employee who is required to be on duty for less than 24 hours is working even though he/she is permitted to sleep or engage in other personal activities when not busy. An employee required to be on duty for 24 hours or more may agree with the employer to exclude from hours worked bona fide regularly scheduled sleeping periods of not more than 8 hours, provided adequate sleeping facilities are furnished by the employer and the employee can usually enjoy an uninterrupted night's sleep. No reduction is permitted unless at least 5 hours of sleep is taken.

                      source - FLSA

                      And sorry, but it wasn't yelling I was using it for emphasis.......Sorry

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                      • #12
                        I am very familiar with that wage order as it applies to healthcare and that section specifically applies to the alternative workweek schedules. I work exclusively with hospitals.

                        The quote you provided does not require that employee have 8 hours off between shifts. It stipulates that an employee can't work more than 24 consecutive hours until they get 8 hours off-duty following the 24 consecutive hours.

                        Do you or your employees work 24-hour shifts in California? If not, the point is moot. In hospitals, this section usually only applies to EMTs who often do work 24 hour shifts.

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                        • #13
                          What you provided from FLSA, again, is different. Requiring 8 hours off after working 24 hours is not the same as 8 hours off between shifts. You can legally, in CA, require an employee to work 8a-4p, then 4p-Midnight. The only thing that comes into play there is what the workday is for determination of overtime.

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                          • #14
                            And the FLSA reg has to do with sleeping time as "part of the job", such as a residential caretaker or emergency responder. It does not require 8 hours between shifts. It defines the rules for determining "hours worked".
                            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
                              Thanks

                              Yes, I pick one source, but CA has many, many such booklets for each industry....do I have to site all of them? *in frustration* - "I am finished with this....I will find the answer myself....first and probably last time I try this. Sorry you all misunderstood me and what I was needing. Short of call every states Labor board and asking them - I was hoping for something with some authoritative sources.....and I had to even defend my own knowledge from having worked in CA in HR and payroll for over 30 years....now in Idaho things are very different as they follow mostly the FLSA....so I think I will go with the 8 hours minimum sleep time and give them drive time between just in case. I wouldn't want to break a law and then find out. Play it on the safe side I think the first person who answered, was right. two different crews.

                              Comment

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