Ca Overtime Law Question. I am regularly scheduled for 3 12 hour days...how does overtime work?

Question

my work week start mon at 12:01 am.

I work:
Mon Morning 12am- 9am
thur 12 pm- 10pm
Fri 9pm - 9 am
Sat 9 pm - 9am
Sun 9 pm - 9 am

So i worked 46 hours for the work week--Mon 12:01 - Mon 12am

They advise me that I dont get paid over time for working over 40 hours in week because my regular hours scheduled dont exceed 40. so i would have to work 5 days 8 hours in a day before I go get OT for working over 40.

I disgree because I worked 46 sheduled hours in that week.

They made me change my 6 hours over 40 to reg time instead of OT. Who is right in this example? Im a non-excempt hourly wage earner. Thanks:)

Answer 1

Have you signed anything agreeing to an "alternative workweek" or are you part of a bargaining unit(such as a union?

If not, then CA law says for hourly employees anything over 8 hours in a single day is OT AND anything over 40 in a week is OT.

If you signed an alternative workweek agreement or a part of a union, rules for overtime supersede CA law that I mentioned above. There are a few exceptions for a very limited number of professions, outlined here:

http://www.dir.ca.gov/dlse/faq%5Fovertimeexemptions.htm


Keep documentation of all occurances and you should have some recourse

Answer 2

Your work week may say it starts Monday, but it actually starts on Thursday. You work Thursday, FR, SA, SU, and MO. That period is a continuous work week that exceeds 40 hours.

You are entitled to overtime pay for the hours over 40.

Your company's contention that you are not working overtime, and their insistance that you report overtime hours worked as regular time is in violation of California labor law.

Contact the local office of the California Department of Labor, or the EEOC office in your town.

Answer 3

I'm no lawyer, but I'm pretty sure you're getting screwed over. Besides, according to my math, you worked 55 hours.

9 on Monday, 10 on Thurs, 12 on Fri, Sat and Sun. Anyway, my understanding is that any hours over 40 need to be paid as overtime, regardless of what your normal schedule is, the exception being if you are on salary.

Answer 4

in case you artwork yet another lengthy shift on 3 hours of sleep, there would nicely be further workers comp themes for them to take care of. Get some thing from you workers comp medical specialist to limit the hours you're required to artwork.

Answer 5

OT is after 44 hours per week in most states and provinces.
You are working a continental shift.
you ar entitled to 2 hours over time

Answer 6

read the posted sign in your break room. it should give you your rights as an employee. and there has to be a labor poster in the business somewhere. plus it will give you a number or website.