Fresno, CA asked in Employment Law for California

Q: Why does the law of being paid a min. of 4hrs, work in regards to a 12am cut off of new day,new shift scenario?

If I work 5pm-4am, I am not entitled to overtime because 12am is considered a new day, new shift. So if that is to be true,and the law that I am entitled to 4hrs of pay for shifts lasting up to 4hrs is also to be true, then if I work a shift from 10pm-2am, I should be compensated for 8 hrs of pay,right? 10-12=2hr shift, and 12-2=2hr shift, each eligible for 2hrs of compensation pay. Why am I only getting paid for 4hrs.?

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2 Lawyer Answers
Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: There is no law that says you have to be paid at least 4 hours in a shift. An employer need only pay you for the actual time you spend working, even if you work only 10 minutes. There is no minimum amount of time you have to be scheduled. Now if you are in a union that has negotiated a minimum schedule requirement, you need to talk to your union rep about this.

Secondly, when a shift carries over past midnight, that does not constitute a new shift. Same shift, but new workday for purposes of calculating overtime.

Good luck to you.

Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA
  • Licensed in California

A: First, I think you are entitled to be paid overtime pay for working a shift from 5pm to 4am, that is an 11 hour shift. I do not believe the employer avoids the overtime rule by scheduling you through midnight. I assume you do not work this every day because it would still be 11 hours a day even if you had a split. I would suggest that you go to your local Labor Commissioner's office to see about filing a claim for unpaid overtime and the other issues you are raising, or you should contact a local attorney to discuss your personal situation.

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