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Time off between shifts for California employees

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  • Time off between shifts for California employees

    Is there a California labor law that addresses the issue of how many hours between shifts an employee is allowed off?

  • #2
    No, there isn't.

    As has been stated many times before, NO state requires any particular number of hours off between shifts except in a VERY few industry specific situations where there is a public safety factor (think airline pilot and truck driver). Outside of that, you can be scheduled for back to back shifts if the employer chooses to do so.
    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.

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    • #3
      Thank you.

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      • #4
        While there may not be a law regarding how many hours between shifts; if you are a non-exempt hourly employee CA has daily as well as weekly overtime laws that may be of interest. In CA on any "workday" any hours above 8 will be paid at time 1/2 and any hours above 12 will be paid at double time. A workday is defined:
        Any consecutive 24-hour period beginning at the same time each calendar day. The workday may begin at any time of day. The beginning of an employee’s workday need not coincide with the beginning of that employee’s shift, and an employer may establish different workdays for different employees. Once a workday is established, it may not be changed unless the change is intended to be permanent and is not designed to evade the employer’s overtime obligation.
        See this website for more info:
        http://www.dir.ca.gov/dlse/FAQ_Overtime.htm

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        • #5
          That's true, bearyariz, but that wasn't what the OP asked. I imagine that's why it was not mentioned in the previous responses.
          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
            Thank you bearyariz for your reply. I had a similar question and your reply-post gave me the information I was looking for. The great thing about these threads is they can assist someone else, even years later.

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            • #7
              Thank you bearyariz. Your response was very helpful! Pattymd...it is very rude to chastize people for being informative. Bearyariz's was very on-topic, and your response demonstrates your lack of knowledge about the subject.

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              • #8
                MntryLaw, first, Patty was exactly right. Bearyariz's response had nothing whatsoever to do with the OP's question.

                Second, I don't recall being told that you had been made a moderator on this forum. If a poster needs to be reprimanded, I will do it. I do not appreciate a member who has contributed nothing to the forums so far taking it upon themselves to chastise a regular responder, particularly in a thread that originated more than three years ago.
                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.

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                • #9
                  Actually, Bearyariz's post was quite relavant to the discussion at hand, from a legal pespective. It explains why employers may adhere to certain principles, although they may not be reflected in statutory law.

                  I apologize for stepping on your toes as a moderator. I did not realize that such control issues were involded.

                  Thank you, once again, Bearyariz, for shedding light on a complicated issue.

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                  • #10
                    The information Bearyariz provided is available in a number of threads.
                    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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