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by Shellnee on May 31st, 2009

Shellnee

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I work in Ca and I go to work Fri. from 11PM-7AM then after an 8 hour break I go back to work on Sat. from 3PM-11PM. But I still only work 40 hours a week. So should I be getting paid overtime or am I exempt because of the 8 hour break?

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Answers. 2 helpful answers below.

  • by Anonymous on May 31st, 2009

    Anonymous

    Yes, you should be getting OT. In California you are entitled to OT for any work over 8 in any giving “workday.” A workday is defined as any giving 24 hour period as set by your employer. For example, a workday could be from 11 pm to 11 pm the following day. Thus, you should get OT for any hours worked over 8 within an 11 pm to 11 pm period.

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  • by Shaiyla on May 31st, 2009

    Shaiyla

    As long as you are getting your break (which is technically an entire shift's worth or 8 hours), and are only working 40 hours a week, I don't think there is really much you can do about it. On their records they probably define it as a swing shift (meaning you aren't set to one particular shift, but instead work random shift times). If it is starting to interfere with your sleep, though, or you are having other issues because of this swing shift, the only thing I can really advise is to talk to your boss about it, and maybe see if you could get put on something a bit more stable. But, unfortunately, it's more than likely defined as being this "swing shift", and because you get the break, and only work 40 hours, you're not entitled to overtime pay.

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You're reading I work in Ca and I go to work Fri. from 11PM-7AM then after an 8 hour break I go back to work on Sat. from 3PM-11PM. But I still only work 40 hours a week. So should I be getting paid overtime or am I exempt because of the 8 hour break?

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