Legal Question in Employment Law in California
California Payroll - Reporting Time Pay rules - We are a 24-hour restaurant. When an employee works a scheduled shift at night and remains on the clock past midnight (because of a busy night, or whatever), are the hours worked after midnight counted toward reporting time pay for the next day? Example: Charlie the Cook starts his shift at 9:00 pm and doesn't clock out until 1:00 am the next day. Reporting Time Pay states that if the employee works less than half their shift they are entitled to be paid half of their scheduled shift (no less than 2 hours and no more than 4 hours). Even though Charlie is leaving a scheduled shift from the night before, is he entitled to Reporting Time Pay for only working 1 hour in the next business day (workday)?
1 Answer from Attorneys
No, because he is not working a new shift. Overtime is, in fact, affected by when a work day begins and ends, and can sometimes result in anomalous results, such as employees working over 8 hours straight but not getting overtime, or getting overtime for a short shift if it starts in the same work day as a previous shift, but that does not apply to reporting time pay. As a 24-hour employer, you may want to review and possibly change when your legal work day begins and ends, by the way, to make sure you neither over nor under pay overtime. It does not have to change at midnight.
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