Dallas, TX asked in Employment Law for California

Q: I started work at 10pm Sunday and didnt end till 4pm Monday.Is that considered 1 or 2 work days. I normally work 8-5 m

I started the night before because I had to travel (which I get paid for), but my boss says it counts as 2 workdays for overtime and double time purposes.

Related Topics:
1 Lawyer Answer
Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: Your boss is right. Overtime is calculated based on workdays, not shifts. The default workday starts at midnight. Unless your employer has chosen a different 24 hour period as its workday, when you start at 10 pm and work past midnight, the first two hours of the shift is in one workday and the remainder in the next workday. If you worked a different shift on that Sunday earlier in the day, you would add all of the hours worked in that workday to determine if you have a right to overtime.

Good luck to you.

Brad S Kane agrees with this answer

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.