Q: Is it illegal to split a 12 hour shift at midnight to cut overtime from one workweek to the next?
I work in a county job with 12 hour shifts, 7 to 7, and during day shifts hours are 12 a day, on nights every shift is 5 from one day then 7 the next day after midnight. At end of pay period night shift is missing out on about 7 hours of ot as a result, while days, working the same hours, gets more. Is this a legal practice?
A:
Most cities, counties, and state agencies abhor over-time and so will do everything they can to avoid having to pay it. The general rule is that overtime must be paid on all hours worked over 40 in a regular workweek. And if the employee actually works on any paid holiday, they are entitled to double-time pay.
Many law enforcement agencies have adopted the system of 12 hours on, followed by 12 hours off, capped at some amount of hours less than 40 (usually 36, because it divides by 12 easily.
Some LEAs schedule employees 12 hours on followed by 18 or 24 hours off, which can often result in working 6 (or 8) hours one day and the rest the next day, if the shift goes past midnight.
These systems have been in use for many years with no successful legal challenges. However, since each situation can be different, you should enlist the aid of an employment and labor lawyer to review your specific situation.
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