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LawGirl
LawGirl, Lawyer
Category: Employment Law
Satisfied Customers: 4606
Experience:  I have practiced employment law.
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Can you set up a 4 day work week with 10 hour shifts in ...

Customer Question

Can you set up a 4 day work week with 10 hour shifts in California and OT not be applicable until after the 10th hour?
Submitted: 8 years ago.
Category: Employment Law
Expert:  LawGirl replied 8 years ago.

What line of work are the workers in?

-KAT

Customer: replied 8 years ago.
Delivery of grocery goods. Most schedules run aprox. 12 hours.
Expert:  LawGirl replied 8 years ago.

DearCustomer

In California, there is an exception to overtime pay for all employees subject to a validly adopted alternative work week schedule. (This is a schedule where an employee is regularly expected to work more than 8 hours in a 24 hour period.)

In this situation:

1. No overtime is required for a regular schedule of not more than 10 hours per workday within a 40-hour workweek.

2. One and one-half times the employee's regular rate of pay for any work in excess of the regularly scheduled hours in any workday beyond the schedule established by the agreement up to 12 hours a day or beyond 40 hours per week. This requires payment of time and one-half for any work performed (up to eight hours) on any day not included in the schedule established by the agreement.

3. Double the employee's regular rate of pay for work in excess of 12 hours per day and any work in excess of eight on those days worked beyond the regularly scheduled number of workdays established by the agreement.

4. For all Orders except Order 16, if the employer requires an employee to work fewer hours than those that are regularly scheduled, the employer must pay the employee overtime at the rate of one and one-half times the employee's regular rate of pay for all hours worked in excess of eight hours, and, of course, double the employee's regular rate of pay for all hours worked in excess of 12 hours for the day the employee is required to work the reduced hours.

5. For Order 16 only, an employee who works longer than eight hours but no more than 10 hours in a workday pursuant to an alternative workweek schedule, must be paid an overtime rate of not less than one and one-half times his or her regular rate of pay for any work in excess of the regularly scheduled hours established by the agreement.

Please let me know if you have any other questions, or require clarification of this matter. Otherwise please hit "ACCEPT", so I may receive credit for my response. Tips and feedback are also appreciated.

Good Luck!

-KAT

LawGirl and 3 other Employment Law Specialists are ready to help you
Customer: replied 8 years ago.
Reply to LawGirl's Post: Thank you so much for your help & support
Expert:  LawGirl replied 8 years ago.

No problem.

Good Luck to you!

-KAT