CA 7th day rule California

[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?

[Pattymd]

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

[turbowray]

???

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?

[Megan Ross Hutchins]

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.

[nxtinline]

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?

[Megan Ross Hutchins]

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.

[Pattymd]

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.

[Megan Ross Hutchins]

Thanks, Patty!

[Captn_tyler]

Seventh strait day

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

[Pattymd]

When does the workweek begin? Not YOUR schedule, but the workweek as defined by the employer?