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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 38268
Experience:  Retired (mostly)
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What is the penalty for working into a film crews weekend

Customer Question

What is the penalty for working into a film crew's weekend turnaround time? Usually 54 hours for a 5 day week. e.g. Worker called in at 4PM on Friday and worked until 2 am on Saturday. He worked 8 hours at straight time, but if he's called back to work on Monday at 7am, he has only a 52 hour turnaround and not 54. So what would he be paid extra for those 2 hours?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  socrateaser replied 5 years ago.
Hello,

Sorry for the delay, but I've been out of the office.

You are using the term "penalty," which legally means a fine payable to the government or court. I don't think this is necessarily what you mean. That said, each Labor Code violation subjects the employer to a $50 penalty for the first violation, and a $100 penalty for each subsequent violation. Labor Code § 1199.

However, there is no penalty for working more than 5 days per week in the motion picture/television industry. The employee is simply entitled to overtime for the additional hours.

If what you mean is how much overtime is the employee entitled to, and that the film crew has elected an "alternative work schedule," pursuant to IWC Order 12-2001(3)(B), then: "All work performed in any workday beyond the schedule established by the agreement up to 12 hours a day or beyond 40 hours per week shall be paid at one and one-half (1 1/2) times the employee’s regular rate of pay. All work performed in excess of 12 hours per day and any work in excess of eight (8) hours on those days worked beyond the regularly scheduled number of workdays established by the alternative workweek agreement shall be paid at double the employee’s regular rate of pay."

Note: If I've misunderstood your question, then feel free to clarify.

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Customer: replied 5 years ago.
I understand daily overtime. Is there extra pay if you work into a weekend when a weekend is defined as 54 hours? So you work Friday night until 11:30PM on Friday, but call you back at 5:30am on Monday. Do you get additional payment?
Expert:  socrateaser replied 5 years ago.
Defined as 54 hours by whom or what (union contract, labor code alternative work agreement, etc.)?

Do me a favor and give me a one week schedule with hours for each day, so I can actually see what you're talking about.

Thanks. (going to dinner, back later).

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