Legal Question in Employment Law in California

Overtime. Lots of it!!!!!!!

If I work 19 Hours straight, And my shift overlaps the midnight mark, Even without a rest period, Can my employer break my day at midnight, and create 2 eight hour shifts with 3 hours of overtime at time and a half? Or am I entitled to 8 hours of regular time, 4hours paid at 1.5 times, and 7 hours of double time. This doesn't seem right. Can anyone help?


Asked on 6/01/08, 5:07 am

1 Answer from Attorneys
Andrew Magwood Andrew A. Magwood Attorney at Law

Re: Overtime. Lots of it!!!!!!!

It depends on what your employer defines the "workday" as. Essentially, a "workday" is any consecutive 24 hour period. So, the overtime requirement is for time worked in a single "workday." Of course, the employer can not simply design a "workday" to violate its overtime obligations, and can not change the "workday" for an employee once it has set it. If your employer has set a "workday" of midnight to midnight, then it may not be violating the law. However, you should probably still call a lawyer to make sure that your rights are not being violated.

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Answered on 6/02/08, 9:18 pm


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