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Barrister
Barrister, Lawyer
Category: Employment Law
Satisfied Customers: 33726
Experience:  15 years practicing attorney
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Can an employee work their day shift hours, once the shift

Customer Question

Can an employee work their day shift for 8 hours, once the shift has ended,
punch back in and work second shift for another 5 hours at straight time.
Submitted: 4 months ago.
Category: Employment Law
Expert:  Barrister replied 4 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Yes, there is not a specific limit by law on the number of hours a person can work in a day. In certain occupations, like nursing and paramedics they often work multiple shifts back to back. (i.e. pulling a double).

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thanks

Barrister

Customer: replied 4 months ago.
can this person punch out at the end of his first shift which is 8 hours, punch back in for the second shift and get paid
straight time because the second shift position is straight time also?
Expert:  Barrister replied 4 months ago.

Correct, the overtime laws only apply to over 40 hours in a work week. There is no daily limit. So theoretically someone could work 40 straight hours if the employer allowed it without having to pay overtime..

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thanks

Barrister

Customer: replied 4 months ago.
Can this person punch out after 8 hours but total a 40 hour week for the first shift, and then get paid 8 hours straight time for a 40 hour week for the second shift?
Customer: replied 4 months ago.
This person would punch out after the first shift had ended and punch back in for the start of the second shift.
Expert:  Barrister replied 4 months ago.

Again...that would be up to the employer, but once they go over 40 hours in a work week, they have to be paid at least 1.5 times their normal hourly rate under federal law.

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So if they started the shift with 32 hours, worked 8, punched out, and then punched back in, everything from that point on would be overtime unless the actual work week ended at the end of the first 8 hour shift.

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thanks

Barrister

Expert:  Barrister replied 4 months ago.

Hello again, did you have any further questions I can help with?