Legal Question in Employment Law in California

In California, Hourly employees get Straight Time for the first 8 hours. 1.5 x for hours 9-10-11-12. 2x for hours worked after 12 in the same day. If you clock in at 8am, Work through the whole day and get done at 2:00AM the next morning. Do you stay on 2x after midnite for the last 2 hours of your shift, or does it go back to straight time for the last 2 hours of your shift?

The company I work for says that those last 2 hours fall on the "next day" and is back to straight time.

I would think that you would stay on DT till there is a substantial break.

Any light you can shine on this would be greatly appreciated.

Thank You


Asked on 10/28/12, 2:01 pm

1 Answer from Attorneys

Every employer who has shifts that go into the night has to set when their new "day" begins and stick to it, but they can pick any time they want. It sounds like your company has picked midnight, which is fairly standard. That would mean your employer is correct that 12 midnight until 2am would be paid on 1x time. BUT if you then go home and come back in the same 24hr period, you would go on 1.5x after six more hours, and 2x after 10 more hours, since you would have already worked 2 hours in that day.

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Answered on 10/28/12, 6:01 pm


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