Printable View
My question involves employment and labor law for the state of: The company that i work for doesnt pay night crew workers over time becouse they say that once midnight its the start of a new day which means the hours i worked before midnight doesnt count. So if i worked from 9 p.m. to 8 a.m. i wont get any overtime pay unless i work until 9 a.m.. All daytime workers at this company get paid overtime since they are with in the 24 hour time. Please help!
Thanks
OT is paid after 40 hrs in a WEEK, not day. So maybe you are talking about a company policy here??? then your SOL unless it goes over 40 hrs/week
You're not making much sense here.
Overtime pay is what you get paid for hours worked over 40 in a week. Unless you have a contract - either a simple employment contract directly with the employer or one that is the result of a collective bargaining agreement - that states you get paid overtime after so many hours in a 24 hour period, you are not eligible for overtime on a per shift basis.
Quote:
workday
“Workday” is defined in the Industrial Welfare Commission Orders and Labor Code § 500 for the purpose of determining when daily overtime is due. A workday is a consecutive 24-hour period beginning at the same time each calendar day, but it may begin at any time of day. The beginning of an employee’s workday need not coincide with the beginning of that employee’s shift, and an employer may establish different workdays for different shifts. However, once a workday is established it may be changed only if the change is intended to be permanent and the change is not designed to evade overtime obligations. Daily overtime is due based on the hours worked in any given workday; and the averaging of hours over two or more workdays is not allowed.
those are from http://www.dir.ca.gov/dlse/FAQ_Overtime.htmQuote:
In California, the general overtime provisions are that a nonexempt employee 18 years of age or older, or any minor employee 16 or 17 years of age who is not required by law to attend school and is not otherwise prohibited by law from engaging in the subject work, shall not be employed more than eight hours in any workday or more than 40 hours in any workweek unless he or she receives one and one-half times his or her regular rate of pay for all hours worked over eight hours in any workday and over 40 hours in the workweek. Eight hours of labor constitutes a day's work, and employment beyond eight hours in any workday or more than six days in any workweek is permissible provided the employee is compensated for the overtime at not less than:
One and one-half times the employee's regular rate of pay for all hours worked in excess of eight hours up to and including 12 hours in any workday, and for the first eight hours worked on the seventh consecutive day of work in a workweek; and
Double the employee's regular rate of pay for all hours worked in excess of 12 hours in any workday and for all hours worked in excess of eight on the seventh consecutive day of work in a workweek.
If they will not correct the situation, file a complaint with the California DLSE
OP, give me a sample week of what you work; in/out times, please.
(2a.m.-7a.m./9p.m.-6 or 8a.m.) those are my hours for Monday-Saturday. I know the company is hidding behind the loop hole of anything over 8 hours in one work day. Since our shift is going through 12a.m. they say its a new work day so we can't get overtime. I just think if they can pay overtime to everyone else at the store overtime then they should be paying overtime to everyone that works over 8 hours...
The company has defined the workweek as beginning on what day? Let's say Monday at 12:01 a.m. for the sake of argument. That means, yes, the workday DOES begin and 12:01 a.m. and ends at 12:00 p.m. It's not a "loophole". That's what the law says. Overtime is NOT based on shift. Unless you actually work over 8 hours in THAT 24-hour period or over 40 hours in the defined workweek, there is no overtime due.
Give me a day-to-day sample schedule as I asked or I'll assume you understand.
your schedule (2 am- 7am/9pm-6 or 8 am) is not clear enough to determine what you actually work.
The bottom line: if you work over 8 hours within a 24 hour period that the company has determined to be your work day, you must be paid time and a half. as an example; if the workday starts at midnight, if you work 2 consecutive days with the 9 pm to 6 am shift, take workday hours of 12 midnight to 6 am (6 hours of the first time reporting) and then add the 9pm to 12 midnight when you go back in to work (3 hours). You would be at work for 9 hours. 1 hour would be overtime.
Of course, that is not taking into consideration time off for lunch. If you had a cumulative 1 hour lunch (during those actual hours, that does not include the time before midnight on the first night or after midnight on the second night) you would not be due any overtime. Any time actually worked over 8 hours between midnight and midnight, even though they are on a different reporting period, is overtime.
CAPSIZED21,
Let me see if I got this right...
So let's say you start work at 9pm on a Monday night, and you finish your work on Tuesday at 8am. You go home, catch some zzz's, and you return to work at 9pm on Tuesday and are done at 8am on Wednesday. We'll say you receive a 30 minute unpaid lunch. On Monday, you will have worked for 3 hours; on Tuesday, you will have worked for 10.5 hours (11 hours, minus your 1/2 hr lunch).
Does that make sense? I hope I did that right...
Anyhoo, there is also a FLSA Overtime Calculator Advisor, you might wanna check it out: http://www.dol.gov/elaws/otcalculator.htm
I've asked the OP twice now for a weekly example of his in/out times and he has not provided it. Guess he realizes the answer is what the answer is that has been given several times.
An FLSA Overtime Calculator is not going to help him with DAILY overtime.