Legal Question in Employment Law in California

Ok...let me try this again, Is it legal to pay someone for the hours in the day and not for the hours they work? If someone was to work from 4pm - 1am, is it legal not to consider that extra hour to be overtime since it's on a new day? I'm not talking about working the next day, I'm not talking about the other hours during the week, can they say we're not paying you overtime because that extra hour is on a new day?


Asked on 12/09/10, 2:59 am

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

No, you count the hours worked in a row [if given a two hour break and then come back for the additional work would be considered in a row]. As was pointed out, a worker whose normal shift is 10 pm to 6 am would have worked 8 hours in a row, not two four hour periods.

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Answered on 12/14/10, 7:21 am


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