Legal Question in Employment Law in California

Okay, so my fiance is starting a new job and he is going too be working Grave yard shifts starting on Sunday from 11pm to 7am on Monday and then he starts a new shift on Monday at 3pm to 11 pm, is this considered overtime ? or no since there is an 8 hour gap in between shifts ?


Asked on 4/08/15, 10:57 am

1 Answer from Attorneys

It sounds like there could be some overtime involved but how much will depend on when the employer starts and ends a "day." The employer must have a fixed 24 hour day for all employees. Some start at midnight. Others at 6 am. I guess if the employer sets the "day" starting at 7:00 or 8:00 am there would be no overtime in the shifts you describe. He should make sure, though, that he pins down the employer's official start/end of a day and that they don't just move that around to keep from paying overtime.

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Answered on 4/08/15, 11:04 am


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