Legal Question in Employment Law in California

overtime pay laws
I currently work 3 12hr shifts. I get paid a base rate for the first 8 hours of work and then time and a half for the next 4 hours to make an average pay rate for the 12hr shift. According to my company and the hospital I currently work for, I cannot be paid time and a half until I work 40 hrs of regular time, meaning like at the first 8hr rate. They said that the last 4hrs of my shift do not count toward that 40hr work week when trying to claim overtime because I already get paid time and a half even though as far as I know those 4hrs are there to round out the lower pay rate on the first 8hrs. My understanding is that I am working 40hrs in a week and should be paid overtime for any over regardless how I got that first 40.

Asked on 10/20/03, 3:18 pm

JEB Pickett Wynne Law Firm

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Re: overtime pay laws

Special rules apply for certain providers in healthcare situations. Please provide the title of the position in which you are employed.

Answered on 10/20/03, 5:44 pm

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