Legal Question in Employment Law in California
I worked on a Tuesday from 2000 hours to 0400 and was scheduled to return at 0800- 1600 hours on Wednesday. I am considered a full-time employee, am I entitled to any overtime?
*note there was only a 4hour gap between the end of one shift and the beginning of another.
1 Answer from Attorneys
In order to answer your question, one would have to know when your employer's workday starts.
California law says that non-exempt (hourly) employees who work in excess of 8 in a "workday", must be paid overtime premiums. But the employer has the discretion of determining when that workday starts. In your case, if it starts at 0500, then you worked in two separate workdays, thus, no overtime. If the workday starts one minute after midnight, as it does with most employers, you are entitled to overtime.
The employer must remain consistent. It cannot change the start of the workday to avoid paying overtime. Find out from the H.R. Director or person responsible for that function, when the start of the workday is for your company.
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