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  1. #1
    Join Date
    Dec 2013
    Posts
    1

    Default What is the Definition of a Workday for Overtime Pay

    My question involves employment and labor law for the state of: California My employer used to pay overtime after 8 hours after an employees shift started. They have recently changed their definition of workday to be 12am to 12am thus avoiding paying overtime after midnight since work would fall into two workdays. Does their practice of paying overtime after 8 hours after an employee's shift starts defacto defines the workday and does changing it to be 12am to 12am violate the law to avoid overtime?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: California Changing Definition of Workday for Overtime

    the employer can designate any 24 hour period as being the "work day" In fact, unless an employer defines it differently, the DIR defines it to be 12:01 am to 12 PM which is what I believe you mean with your 12 am to 12 am statement.

    From everything I can find, your pay rate would drop back to straight time at midnight. Of course those hours would be considered hours worked for that day.

    an example (and ignoring lunch breaks for ease of calculation):


    you start work at 4 pm and work 12 hours (until 4 am). You get 12 hours straight time but if you work a regular schedule, when you come back in at 4 pm, you already have 4 hours in for that workday so that means you start earning overtime at 8 pm.


    so, if you work a regular schedule, you do not end up losing any OT. If you do not work every day, you can lose out on the OT after 8 requirement.

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