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For example, I worked from 9:30am Tues morning to 1pm Wed afternon. My HR person says I get pd: 9:30am-6:30pm reg time(with lunch), 6:30-10:30 time and half, and 10:30-12midnight double. At midnight she said my work day starts over again so from then I'm paid: reg time for 12am-8am, time and a half for 8-12pm and 12-1pm double time. Is this correct in California?

2006-11-22 11:28:28 · 4 answers · asked by ShelleyBean 1 in Business & Finance Careers & Employment

4 answers

Yes, it is even better than you think. After 8 hours it is OT, after 12 is DT and it does not stop if hte next shift time kicks in while working, because there is a mandated 8 hour break between workdays after 24 hours of owrk, s o they VIOLATED the labor law, unless you have an agreement in place.

QUOTE
If an employee works unauthorized overtime is the employer obligated to pay for it?

A. Yes, California law requires that employers pay overtime, whether authorized or not, at the rate of one and one-half times the employee's regular rate of pay for all hours worked in excess of eight up to an including 12 hours in any workday, and for the first eight hours of work 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 in any workday and for all hours worked in excess of eight on the seventh consecutive day of work in a workweek.
http://www.dir.ca.gov/dlse/FAQ_Overtime.htm

QUOTE
(d) No employee shall work more than 24 consecutive hours until said employee receives not less than eight (8) consecutive hours off-duty immediately following the 24 consecutive hours of work. Time spent sleeping shall not be included as hours worked.
http://www.dir.ca.gov/t8/11050.html

You need to go here and choose your type of work from this section. See below for samples:
http://www.dir.ca.gov/scripts/samples/search/querydlse.idq
Go to the link above and scroll down and start at 11050.

2006-11-22 11:30:03 · answer #1 · answered by gare 5 · 0 0

Sounds right. In some states, this would not apply (OT is over 40 hours per week no matter how many per day). However, in a liberal state like Cali, OT at time and a half is paid on anything over 8-hours per day, anything over 12-hours a day is double time. The new day starts at midnight so that is correct as well. Of course, working that long of a shift is your discretion...a company cannot demand you do that. Certain professions require such hours and it is agreed upon in the employment contracts (such as firefighters & doctors) but they also tend to be salaried so the question would then not be applicable.

2006-11-22 12:17:48 · answer #2 · answered by nativeAZ 5 · 0 0

Depends on how many hours per day you usually work. But for the most part, overtime is anything past 8 hours in one day, or over 40 hours in one week.

2016-03-29 06:06:03 · answer #3 · answered by Anonymous · 0 0

Damn I hope its not a sweatshop.

2006-11-22 13:10:44 · answer #4 · answered by Anonymous · 0 0

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