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CA 7th day rule California

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  • CA 7th day rule California

    My employers work week is Sun - Sat and the work day begins and ends at midnight. If I am working the night shift (10p-6:30a) and work five days in a a week, but not consecutively, such that I have hours in each day of the week - do I qualify for OT for any hours worked in the seventh day of the work week?
    Last edited by nxtinline; 08-21-2006, 03:59 PM. Reason: error

  • #2
    If you work all 7 days in the workweek, you are entitled to 1.5 times your regular rate of pay for the first 8 hours in the workday and double time for all hours in excess of 8 on that day. It is irrelevant that your total hours for the week may not exceed 40.
    http://www.dir.ca.gov/dlse/FAQ_Overtime.htm
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      ???

      Originally posted by nxtinline
      My employers work week is Sun - Sat and the work day begins and ends at midnight. If I am working the night shift (10p-6:30a) and work five days in a a week, but not consecutively, such that I have hours in each day of the week - do I qualify for OT for any hours worked in the seventh day of the work week?
      You say you work 5 days, but not consecutively?

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      • #4
        If you work, for example
        Sun
        10pm-12am
        Mon
        12am-6:30am
        Tue
        10pm-12am
        Wed
        12am-6:30am
        Thur
        10pm-12am
        Fri
        12am-6:30am
        Sat
        10pm-12am
        You would get overtime for the 2 hours on Saturday.
        Megan E. Ross, Esq.
        Law Offices of Michael Tracy
        http://www.gotovertime.com

        Disclaimer: The above response is a general statement of the law and should not be relied upon as legal advice. It only assumes the facts that are stated in the message. The above response does not serve to form an attorney-client relationship.

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        • #5
          Thanks for the replies. As you might have guessed I work in a health care facility. Can the employer use the start of the employees primary shift as the beginning of the work day (ie. 06:30am, 2:30pm or 10:30pm), or must it be the same time for all employees regardless of shift worked?

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          • #6
            It must be consistent for all employees, I think (but I haven't checked on this). It doesn't have to be 12am, though. The employer would be better off picking one of the shift change times--very few people will "cross-over" from one work day to the next if the day starts at 6:30am.
            Megan E. Ross, Esq.
            Law Offices of Michael Tracy
            http://www.gotovertime.com

            Disclaimer: The above response is a general statement of the law and should not be relied upon as legal advice. It only assumes the facts that are stated in the message. The above response does not serve to form an attorney-client relationship.

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            • #7
              The definition of the workweek needn't be the same for all employees under the FLSA. However, it is REALLY an administrative nightmare to do it any other way.
              http://www.dol.gov/dol/allcfr/ESA/Ti...CFR778.105.htm

              And, although the letter of the law is that a workweek must begin at a date/time certain, I do know of employers that use the shift schedule to determine the workweek. I'm not saying I agree with that, I'm just saying it isn't unusual, especially with 24/7 operations. Honestly, unless that results in less pay than would be due if the law was adhered to literally, the DLSE is not likely to find a violation.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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              • #8
                Thanks, Patty!
                Megan E. Ross, Esq.
                Law Offices of Michael Tracy
                http://www.gotovertime.com

                Disclaimer: The above response is a general statement of the law and should not be relied upon as legal advice. It only assumes the facts that are stated in the message. The above response does not serve to form an attorney-client relationship.

                Comment


                • #9
                  Seventh strait day

                  Lets say I start on a tues, on my seventh striat day, does this rule apply?

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                  • #10
                    When does the workweek begin? Not YOUR schedule, but the workweek as defined by the employer?
                    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                    Comment

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