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RobertJDFL
RobertJDFL, Lawyer
Category: Employment Law
Satisfied Customers: 12132
Experience:  Experienced in multiple areas of the law.
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I would like to know if an employee works 3 twenty four hour

Customer Question

I would like to know if an employee works 3 twenty four hour shifts, let's say 9a-9a Monday Wednesday and Friday, and we pay them 8 hours of overtime each day. Do we have to pay double time.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: California
JA: Has anything been filed or reported?
Customer: What do you mean? We have 30 employees. I have let a couple of them work these shifts. The question has arised, since we pay them 24 hours of overtime in a 72 hour work week, do we have to pay any double time?
JA: Anything else you want the lawyer to know before I connect you?
Customer: They never work more than one 24 in a row. I am having a hard time with this issue, as California laws have become so strict. If we get a fine it's $900.00 a day, but they won't inform us very well on what the law is. Probaly so they can fine us.
Submitted: 21 days ago.
Category: Employment Law
Expert:  RobertJDFL replied 21 days ago.

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

Expert:  RobertJDFL replied 21 days ago.

Yes, you do have to pay double-time. From the California Department of Industrial Relations:

Eight hours of labor constitutes a day's work, and employment beyond eight hours in any workday or more than six days in any workweek is permissible provided the employee is compensated for the overtime at not less than:

  1. One and one-half times the employee's regular rate of pay for all hours worked in excess of eight hours up to and including 12 hours in any workday, and for the first eight hours worked on the seventh consecutive day of work in a workweek; and
  2. Double the employee's regular rate of pay for all hours worked in excess of 12 hours in any workday and for all hours worked in excess of eight on the seventh consecutive day of work in a workweek.

So, anything after 8 hours of straight work up to 12 hours should be paid at one and a half time their normal pay rate. Anything beyond 12 hours in any workday must be paid at double their normal rate of pay.

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