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CalAttorney2
CalAttorney2, Attorney
Category: Employment Law
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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Thinking of filing a claim with labor law enforcement just

Customer Question

Thinking of filing a claim with labor law enforcement just wanted to check in here first my company has a policy that a work day is from midnight to midnight even though it normal work hours start at about 8 a.m. and most employees start after 8 a.m. this is a company that does large events and frequently will start at noon for example and finish working at 3 o'clock in the morning, instead of the hours after midnight being paid as double time they pay us at regular pay even though we've been working for 16 hours straight. is this legal. Nobody at this company starts at midnight. Also this type of scenario is frequent sometimes 3 or 4 days a week. Another scenario would be starting at 8am and ending at 7pm, then returning at 10:30 p.m. and working till 2:30 a.m. again the two and a half hours after midnight would be payed at regular rate rather than overtime rate. The schedule always varies based on event times so next day we may only work 4 hours or not at all.
Submitted: 1 year ago.
Category: Employment Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer, you have not provided a state of residence for your question.

Here is the information for CA:

“Workday” is defined in the Industrial Welfare Commission Orders and Labor Code § 500 for the purpose of determining when daily overtime is due. A workday is a consecutive 24-hour period beginning at the same time each calendar day, but it may begin at any time of day. The beginning of an employee’s workday need not coincide with the beginning of that employee’s shift, and an employer may establish different workdays for different shifts. However, once a workday is established it may be changed only if the change is intended to be permanent and the change is not designed to evade overtime obligations. Daily overtime is due based on the hours worked in any given workday; and the averaging of hours over two or more workdays is not allowed.

See: http://www.dir.ca.gov/dlse/faq_overtime.htm

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