Legal Question in Employment Law in California

My employer has me working from Monday night at 10p.m. to 6a.m. tuesday, then back in at noon on tuesday til 2p.m. and back again tuesday night at 8p.m. to 4a.m. wednesday morning. I live in California, work as a sales cashier at a gas station.Are the hours that they have given me legal? Someone told me they have to give me a 8 hour break between shifts or pay me overtime for anything over 8 hours for that day. Is that true?


Asked on 12/01/11, 12:55 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

It is half true. There is no requirement that an employer must provide at least an 8 hour break between work shifts. But employers do have to pay overtime premiums to non-exempt employees for all hours worked in excess of 8 hours within a 24 hour period. That period does not, necessarily, have to begin at midnight. It could begin at any hour of the day. But once established, they cannot keep changing it.

See if you can find out from the payroll department or human resources when the day starts. Then start calculating how many hours you have worked within the 24 hour period starting from that time. If you have exceeded 8 hours, the employer should be paying overtime premiums.

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Answered on 12/01/11, 1:33 pm


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