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Required time off or get paid in overtime?

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  • Required time off or get paid in overtime?

    I wanted to make sure I get this right. Supposed my shift is from 2 PM to Midnight, Monday thru Thursday. My boss says you have to come in at 6:45 AM on Friday and work til 10:45 AM. He says I get an hour lunch break Monday thru Thursday which means I worked 36 hours. So working on Friday is to make up 4 hours to complete a 40 hour work-week.

    My work day usually begins at 2 PM, so I am supposed to get overtime on Friday because it happened before my normal shift at 2 PM?

    I was thinking it is sort of illegal because I don't get enough sleep to go to work at 6:45 AM after getting off at Midnight?

  • #2
    Overtime is determined by hours actually worked past 40 in the workweek. "Shifts", "schedules" and such have no effect on the overtime calculation.
    http://www.dol.gov/esa/whd/regs/compliance/whdfs23.pdf
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      There is one state (Colorado is ringing a bell) that requires overtime if the employee works over 12 consecutive hours, regardless of total hours worked in the workweek or work day.

      But since you didn't post your state as requested, I don't know whether that applies to you.
      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
        At the upper right hand corner of OP's post, it says California.
        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

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        • #5
          Originally posted by Betty3 View Post
          At the upper right hand corner of OP's post, it says California.
          oops. Then, never mind.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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          • #6
            Oops here too. Lets add a reference to CA's daily overtime rules.

            http://www.dir.ca.gov/dlse/FAQ_Overtime.htm
            "Reality is that which, when you stop believing in it, doesn't go away".
            Philip K. **** (1928-1982)

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