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My question regards overtime. I am a full-time assistant…

Hi! So my question regards...
Hi! So my question regards ***** ***** am a full-time assistant manager and work 40 hrs a week. My boss creates the schedule on a weekly basis, so the schedule for the upcoming week (Monday-Sunday) is posted every Friday. The GM, her boss, told her that I should work weekends so she switched my days off from Fri/Sat to Tu/We. So when I came into work last week, I found out I was only working 2 more days until my two day break came again. Well, she ended up changing her mind and switched me BACK to the Fri/Sat days off. So that means I'll be working from Thursday 6/22 to Thursday 6/29 with, 8 days straight, without a day off. Am I eligible for overtime? She's trying to tell me I'm not because it still says I'm getting two days off per week, and it goes by how the schedule looks each week and NOT how many days I actually work in a row. Is that true? I work for a Shell gas station, by the way.
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Answered in 4 minutes by:
6/24/2017
legalgems
legalgems, Lawyer
Category: Legal
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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CA law has more stringent requirements than federal law;

In CA, a workweek is determined to be 7 straight 24–hour periods,so a total of 168 hours. This will start on the same day and time each week. It may begin any time of any day, as long as both that time and day are fixed, recurring times/days. This means that once this date/time is established, the workweek's starting point can only be changed if the change is permanent and not designed to avoid overtime payments.

Please see:

https://www.dir.ca.gov/dlse/Glossary.asp?Button1=W

https://www.dir.ca.gov/dlse/FAQ_Overtime.htm

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So on the 41st hour in that workweek overtime is due.

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legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 13,708
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Customer reply replied 1 year ago
Thank you for this information! I will make sure to speak with my boss, get all the details on our company's policies, and compare with your responses. Thanks again!

You are most welcome; the best to you on this!

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