CA labor laws for 7 straight working days?

Question

I work for a company that puts out the schedule weekly.  Yes this makes no sense. Anyways, I was told my "new" days off would be Mondays and Tuesdays.  Come Sunday night at 6pm the schedule goes out and I see I am working Monday Tuesday, mind you I have worked 5 days already from Wednesday-Sunday so working Monday and Tuesday would make 7 consecutive days worked.

I had some concerns regarding the labor laws in CA.  I looked online and saw that on the 7th consecutive day it is time and a half for the first 8 hours worked and double time for each hour after the 8th, I work 12 hour shifts with 4hours OT after the 8th hour.

I asked my manager if I would be getting 8 hours OT and 4 hours DT on the 7th consecutive day worked, and he said no because it falls on the beginning of a new payroll period.  This doesnt seem correct, as what I read on the CA.gov website didnt specify payroll periods, it said consecutive days worked.

If anyone can chime in with HR experience I would really appreciate it, and if possible to list a source?  Thank you.

A Hunch · Accepted Answer

Your manager is correct:

https://www.dir.ca.gov/dlse/FAQ_Overtime.htm
"shall not be employed more than eight hours in any workday or more than 40 hours in any workweek unless he or she receives one and one-half times his or her regular rate of pay for all hours worked over eight hours in any workday and over 40 hours in the workweek (or double time as specified below). 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 requires the employee to be compensated for the overtime at not less than:"

See the word "workweek" this is the key to your issue.
Workweek in this phrase is a link to a definition of what a workweek is in the St of CA.
"Any seven consecutive days, starting with the same calendar day each week beginning at any hour on any day, so long as it is fixed and regularly occurring. "Workweek" is a fixed and regularly recurring period of 168 hours, seven consecutive 24-hour periods. "

We don't know what your "workweek" is in your question.  Let's say it's Mon-Sun (it doesn't matter if its Sat-Fri or Sun-Sat = all the situations involve 2 workweeks).
Workweek 1 = Wed, Thurs, Fri, Sat, Sun
Workweek 2 = Mon, Tues.

In response to DEBS info about manipulation:  it can't be manipulated because the "workweek" is a fixed 7 day period.  It can change, but it can't change willy-nilly, to meet the companies OT requirements.

? · Answer

Yes, California law requires that employers pay overtime, whether authorized or not, at the rate of one and one-half times the employee's regular rate of pay for all hours worked in excess of eight up to and including 12 hours in any workday, and for the first eight hours of work on the seventh consecutive day of work ...

? · Answer

Your manager is correct

? · Answer

As long as you are compensated for your time, they can work you seven days a week. It's up to you - you can always seek other employment.

Anonymous · Answer

The normal pay period for most companies starts Monday and the last is Sunday.  You need to look at your paystub-it will have the pay period on it.  You would have to work every day from Monday through Sunday and Sunday would be calculated at 1-1/2 times your pay.  This is the norm throughout the country.

Anonymous · Answer

I don't think you are correct but if you are, this is a no win situation for you. If you do end up being correct you will get a little extra pay but you will create badwill of many times that.

I am certain in my state, it goes by whatever pay period of the company uses. When I worked, we were Wed thru Tues. And OT was only paid for over 40 in that 7 day period.  You cannot pick & choose your own 7 day periods I don't think.

CA labor laws for 7 straight working days?

6 Answers