Is this actually legal?

Question

My work schedule was recently changed to where I am working a total of 16 hours in one day. The shifts are broken up into two 8 hour shifts. I am not being payed for overtime. I've been doing some research to see if this was legal or not but I wanted to get some opinions on the matter. This is the website I found that has the laws in it: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=lab&group=00001-01000&file=500-558 The only thing I would be confused about is that I'm not exactly sure if we are on an alternative work schedule, but still, I'm not being compensated for the extra hours that I am working in the 24 hour period that I'm on the job. Neither have I signed or seen an agreement to work this schedule form the supervisior/employer. So, does this look sound legal or not?

Answer 1

California work rules for hourly paid employees are fairly simple to understand.  Basically if you work any hours over a standard 8 hour work day during a 24 hour period you are entitled to overtime pay assuming you are not an exempt or management level employee.  Normally if your salary is based upon an hourly wage you will most certainly be covered.   It sounds like you are a shift worker and therefore the standard work rules apply.  Certain union rules and specific jobs have unique contracts and those contracts govern the pay and hours worked. But if that were the case you would be so advised.

What's most interesting to me in the is how many employers routinely violate these simple work rules as related to hours and shifts.  If an employer routinely does this than they are opening themselves up to labor code violations and subjecting themselves to civil suits.  However this does not seem to deter them at times.  Don't be surprised that an employer is attempting to violate the rules.  It apparently happens all the time.

Answer 2

There are really only two questions; are you exempt? and did  you work more than 8 hours in a day?  If you are not exempt (you are "hourly") and you work more than 8 hours in a day, you are generally entitled to be paid overtime for that day in California.  There is no annual salary rule for overtime or even for the payment of salary, so put that idea aside.  

If you are on an alternative work schedule, you should already be informed of that fact and you would still get overtime when working 16 hours in a day.  Since alternative work schedules are set by employee elections, as described by the link in your question, every employee and every supervisor should already be aware of this fact.  And overtime is still due for hours in excess of the scheduled 10 hours per day.

Why don't you ask the company to explain why they are not paying you overtime as a first step?  If you want to try and double-check your correct classification and eligibility for overtime on your own, follow some of the links I supply.

If your company cannot explain why they are not paying you overtime, you can file a complaint with the state department of labor, to pursue your rights under the overtime laws.

Answer 3

Unless you are an "Exempt" employee, you should be paid overtime for hours over 40 hours worked in a 7 day period, or over 8 hours in a 24 hour period.

You are "Exempt" if you are paid an annual salary instead of an hourly wage. There are other exceptions, such as a flex schedule.

Answer 4

Depends on where you work really. Some places make their own rules others don't abide by the law so i don't know.

Answer 5

I assume that you are in CA since you cite that link.  Federal law only requires overtime pay for over 40 hours in a week, not any rules for hours in a day.

What is NOT clear from this link is who chooses the "day" - can the employer, for example, chose that the 24 hour period is say 8 am to 8 am, assuming they keep it the same all the time, obviously can't just switch back and forth every couple days.  Since that's how "week" works for federal law, I'm guessing this might be the case - the employer could define "week" as being from noon Friday until noon the following Friday, it doesn't have to be a calendar week.  And since nothing in the link specifies midnight to midnight, this would seem to be the case.

Under that scenario, if you worked midnight to 8 am, and then again 4 pm to midnight, that would be two separate workdays so would not require overtime pay.

Answer 6

Unless you are a salaried exempt, this is breaking federal labor law.  I did not read all of the California law in your link, but it appears your employer is breaking state law as well.  Call the California Department of Industrial Relations if you need clarification, or need to know where to file a grievance.  http://www.dir.ca.gov/DLSE/

Answer 7

That is not legal. You are hitting a time clock?  Contact your state wage and hour. (Labor Board) For all hourly employees, they MUST pay you Overtime which is federal law for work over 40 hours. No you are not a yearly employee and you are not salary exempt.

Typically management is salary exempt.  

Answer 8

Actually, its illegal. But since this only deals with small issue e.g. employer-employee and it involves small money, You should consider talking to your boss about this matter going on