Should I be paid overtime?

Question

My employer has me working a set schedule each week. They have differing 24-hour period workdays defined for different shifts. I am scheduled to cover a graveyard shift that straddles my regular days off. This has me working 7 consecutive days in a workweek, but they claim that since the 24-hour period workdays are different, I'm not owed overtime. To make things relatively simple, assume a workweek is Mon-Sun, the 24-hour period workday hours for my shift are 12:00am-11:59pm, and the 24-hour period workday hours for the graveyard shift are 12:00pm-11:59am. My typical shift takes place during my shift's 24-hour period workday and the graveyard's 24-hour period workday. For the week in question, I have 6 shifts, but the graveyard straddles two days and the 24-hour workday period differs between my regular shift and the graveyard shift. 
 
I have amended this question to be more clear based on the first response.

Neil Pedersen · Answer

First, for purposes of answering this question I am going to assume that you are not a salaried exempt employee because those employees do not get paid overtime, ever. 
 
Second, I am going to assume you are not a government employee, because the rules are different for government employees. 
 
Overtime is calculated based on the number of hours worked in a workday, and a workweek.  Number of hours in a shift is really not considered in the calculation.  You count up the number of hours worked in a particular workday, regardless of how many shifts, to determine the right to OT. 
 
A workday is a 24 hour period of time designated by the employer to be its workday.  Unless otherwise designated by the employer, the default workday is midnight to 11:59 pm.  A workweek is a 7 day period of time designated by the employer to be its workweek.  If the employer does not designate a different workweek, the default is Monday through Sunday. 
 
Time and a half overtime is to be paid whenever you work more than 8 hours in a workday, or more than 40 hours in a workweek, or for the first 8 hours you work on the seventh consecutive workday of a workweek.  Double time overtime is earned whenever you work more than 12 hours in a workday, or for all hours worked after the first 8 hours on the seventh consecutive workday of the workweek. 
 
Your example has you working 24 hours a day, for every day of the week.  I do not think that is what you intended.   
 
To determine your right to OT, the easy way is to write out on a piece of paper a space for Monday through Sunday.  Then in each space write the number of hours you worked on each day, regardless of shift.  When you complete that start with Monday and add up the numbers.  Calculate regular pay for the first 8 hours, time and a half overtime for the next 4 hours, and double time for any time worked over 12 hours in that workday. 
 
If all seven days have hours worked, that means you worked on the seventh consecutive day of the workweek.  For those hours, apply the OT rule from above. 
 
Once you hit 40 hours worked in the workweek, no longer calculate regular time pay.  All pay after that is time and a half for the duration of the workweek, unless the double overtime rule applies. 
 
Good luck to you.

Maurice Mandel II · Answer

I handle a lot of complicated wage and hour claims but this takes the cake. I need a chart to figure this out.  Mr. Pedersen has done a good factual analysis, but there may be more to it.   
Justia disclaimers below, incorporated herein.

Q: Should I be paid overtime?