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Overtime After Midnight California

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  • Overtime After Midnight California

    My girlfriend is having an issue at her job. She'll work an entire shift, say 3:00 pm to 2:00 am, which is of course 11 hours. The thing is that they have her clock out at midnight, and clock back in right away and classify the hours after midnight as being hours on the next work day. Now since the work day started and went into the following day after midnight, shouldn't those be overtime hours? If so, how do we go about informing the state that this company is stealing overtime from their staff?

    Please let me know.

    Chris

  • #2
    Not necessarily. It sounds like the company may have defined its workweek as beginning at 12:01 a.m. (on a certain day; in this example, which day is irrelevant). From the time the defined workday (not when SHE starts working), each 24-hour period stands alone.
    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
      If her shift carries over into another "workday" and she reports again on the same workday, the hours already worked would still apply toward that days OT.
      If the Workday starts at midnight.(which it sounds like)
      Monday 3:00 pm to 2:00 am = 8hrs straight time, 1hr ot(minus meal period)
      Tues. 3:00 pm to 2:00 am = she already has worked 2hrs when she reports on Tues. So 2hrs + 9=11hrs 8 reg 3 OT(minus meal period) and 2 hrs go toward Wed. OT

      There is also a potential for a "meal period" penalty. 2 meals for more than 10 hours per day.


      If so, how do we go about informing the state that this company is stealing overtime from their staff?
      http://www.dir.ca.gov/dlse/DistrictOffices.htm
      I have been interested in employment rights for some time, however I am not a lawyer. Always consult with an attorney, as they are more knowledgeable.

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      • #4
        I agree with joe916. But the mere fact that they are requiring her to clock out and midnight and clock back in, during the same shift, does not automatically make the hours overtime. As I said earlier, each 24-hour work day stands alone.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          So what is to protect the employee, if there is such protection, from having to work 4pm to 8am (plus whatever mandatory lunches are required)? Is there anything that says you get a certain amount of down time in between shifts?

          How does the scenario listed in the OP figure if there is no defined workday? Does it fall into a state law that says the day begins at 12:01am?

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          • #6
            If there is not a defined workweek (even though the employer is required by law to have one), I believe California will default it to Sunday 12:00 a.m. through Saturday at midnight.

            And no, for general employment, there is no law that states an employee must receive a certain number of hours between shifts.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #7
              We have a defined work week. I'm not certain there is a defined work day. I'm sure there will be after this occurance, but prior to the event I'm concerned about I do not think there was a written work day policy.

              So the short of it is there are zero scenarios where you would continue being paid an OT rate past the midnight mark? There is nothing an employee can do, short of termination, that can keep them from working overnight if the employer chooses?

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              • #8
                The defined workweek must not only start on a day certain, it must begin at a fixed time. So, 24 hours after that is a "work day". Then it starts over.
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                • #9
                  Thank you for the clarification. Have a pleasant evening.

                  Comment

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