Legal Question in Employment Law in California

Overtime based on the ''workday'' or consecutive hours worked?

Hello, I work at a job that is 24/7 and we are frequently ''held over'' to cover the next shift. Our workday is from 12am to 11:59pm. My state is California and i'm a part-time worker.

My question is whether overtime based on the ''workday'' or consecutive hours worked. For example the way our system currently works is if I work from 4pm-12am on one day and then I'm held over four hours to 4am I would not be paid overtime unless I worked eight hours the following day. If this is true it would be possible for a person to work at 16 hours shift (4pm-4am) without receiving any overtime. Is this be legal?


Asked on 6/08/09, 4:30 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Overtime based on the ''workday'' or consecutive hours worked?

Probably not. Go try to file a complaint of unpaid wages with the Labor Commissioner. They will accept the filing if they agree you are owed money. You may then hire an attorney to help you in the hearings and trial that might be necessary on the case. If serious about doing so, feel free to contact me. If there are other employees in the same situation, get them together for mutual support in all the claims.

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Answered on 6/08/09, 3:17 pm


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