Legal Question in Employment Law in California

I've recently switched to a 4 day work week. My shift is a split shift of 5 hours on 5 hours off. I start at 9am off at 2pm, back on at 7pm and off at 12am. I work for a large telecom company in California, as a contractor, I'm not an employee and don't fall under the company's union rules for time or vacation. I wanted to know if the provision in the labor code for a "modified work week" applies in this situation. Basically my question is since I'm working 10 hours per day, are 2 of those hours overtime?


Asked on 7/21/10, 9:23 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Not as long as you are working a 4 day / 40 hour week. OT is payable only after 10 hours in one 24 hour day, or after 40 hours in any 7 day week. The day and week are defined by start time set by the employer. They theoretically could have you do the last 10 of one day and the first 10 of the next day, without paying OT, as long as required breaks and lunches are provided. The split shift issue, however, raises issues of 'waiting' time and complex rules under the Labor Code's wage and hour rules. You could contact the local Labor Commissioner to explain and inquire about your situation. However, you must assume a 'large' company has had a thorough legal review by counsel before setting up the system. Wage and hour violations are generally by small 'mom and pop' businesses cutting corners.

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Answered on 7/21/10, 1:01 pm


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