Originally posted by cbg
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Good point. Under FLSA all employees have a "workweek" which is intended to fixed and unchanged. It is legally unrelated to shifts and schedules. In theory employers can have different workweeks for each employee. In practice this is mechcancially very difficult to manage and most employers have a single workweek for all employees. My last four employers all used a workweek ending Sunday midnight even though none of our shifts/schedules ended then. Under federal law, the workweek stays put even if the shifts/schedules get moved around. And as long as the workweek stays fixed and unchanging employer legally can and do arrange their shifts/schedules to minimize the OT calculation.
If you do not know what your workweek is, and you cannot assume that it has anything to do with your shift/schedule, ask payroll. They should know.
http://www.dol.gov/whd/regs/compliance/whdfs23.pdf
No state can make federal rules go away, but states can have their own rules in addition to the federal rules. Your state is not one of the few states known for having significantly different rules from the federal FLSA rules.
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