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Over Night Shifts and a Split Shift in California

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  • Over Night Shifts and a Split Shift in California

    I work as an Assistant Mgr. for a retail company, and this past week, I had worked Wednesday from 5pm to 8am Thursday morning. I had only gotten one 30min. meal break, and also two 10min. paid breaks. Later that same night, I had gone back to work and did a 6pm to 11pm shift. Will I be getting OT for working more than 8hrs for the overnighter, plus being paid double for going back in at 6pm?

  • #2
    "Assistant Mgr" is just a job title and does not mean much by itself. Do you normally get paid overtime? And if so, do you also get paid commissions under the Retail and Service Establishment exception? And what is your company's defined workweek?

    Assuming that you are Non-Exempt (paid overtime) and not under the Retail and Service Establishment exception, then the key is the workweek. Shifts and schedules per se have nothing to do with how overtime is calculated. Under federal (and CA) rules, the workweek determines the hours-past-40 calculation while the workday (determined by the workweek) determines the CA daily overtime calculation. My last 4 CA employers all used a workweek ending Sunday midnight even though none of the employers had a schedule or shift that ended then.
    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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