Legal Question in Employment Law in California

Re: Payroll

Wage and overtime hour questions are difficult without complete information concerning what type of work you perform, for whom you are working, whether you are subject to a collective bargaining contract or whether certain exemptions apply. Thus, the following may or may not apply depending upon information not provided in your question. For general overtime information, see our site at www.righettilaw.com

Generally, overtime is required in California after 8 hours, but there are many exceptions that you may fall into. A "workday" is defined as a 24 hour period and can be set by the employer, so long as all employees or groups of employees are subject to the same rule. (Can't single out one period for one worker). If no "workday" is specifically established, it is usually assumed to be midnight to midnight. If you fall under rules requiring daily overtime pay, (and assuming you are not under rules permitting longer workdays) you are owed 6 hours of overtime for your 15 hour day. If you only worked 1 hour into the next "workday" your employer cannot average the days and claim you did not work overtime either day.

However, you should also note that overtime pay is also often based upon a workweek, not a workday. Thus, time carried into the next day can be used in calculating whether overtime is due for your weekly work. Please feel free to contact me with more specific information if you wish to have these points clarified.

Re: Payroll

-The California Industrial Welfare Commission wage orders define "workday" as any consecutive 24 hours beginning at the same time each calendar day. Therefore, it would appear that you are owed overtime for all hours over 8 worked in a shift. This cannot be definitively determined without more facts about the nature of your work.