URGENT CALIFORNIA LABOR LAW QUESTION!

[Zhade]

Anyone who can answer me, I thank you greatly in advance!

I have been told that it may be illegal for an employer to force an employee to return to work less than 8 hours after leaving the previous shift (e.g. working until midnight, then being scheduled in at 7:30am the next morning).

I have also been told, alternately, that such a quick turnaround makes the next shift doubletime.

Does anyone know the truth about this, and where I can learn a concrete answer? I need to know within 24 hours.

Thanks!

[dropkickpa]

1. google is your friend

500. For purposes of this chapter, the following terms shall have
the following meanings:
(a) "Workday" and "day" mean any consecutive 24-hour period
commencing at the same time each calendar day.
(b) "Workweek" and "week" mean any seven consecutive days,
starting with the same calendar day each week. "Workweek" is a fixed
and regularly recurring period of 168 hours, seven consecutive
24-hour periods.
(c) "Alternative workweek schedule" means any regularly scheduled
workweek requiring an employee to work more than eight hours in a
24-hour period.



510. (a) Eight hours of labor constitutes a day's work. Any work
in excess of eight hours in one workday and any work in excess of 40
hours in any one workweek and the first eight hours worked on the
seventh day of work in any one workweek shall be compensated at the
rate of no less than one and one-half times the regular rate of pay
for an employee. Any work in excess of 12 hours in one day shall be
compensated at the rate of no less than twice the regular rate of pay
for an employee. In addition, any work in excess of eight hours on
any seventh day of a workweek shall be compensated at the rate of no
less than twice the regular rate of pay of an employee.

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=lab&group=00001-01000&file=500-558

[Zhade]

3. I don't think that covers the situation I'm describing, though.

NT!

[northzax]

4. sure it does

you can't work more than 8 hours in a consecutive 24hour period, starting from your normal worktime, without getting overtime. If you start work at 9 am, every day, then that's the start of yoru workday. you can only work 8 hours between that 9 am and the next 9 am.

[rug]

2. Here's some info.

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

In California, the general overtime provisions are that a nonexempt employee 18 years of age or older, or any minor employee 16 or 17 years of age who is not required by law to attend school and is not otherwise prohibited by law from engaging in the subject work, 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. 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:

One and one-half times the employee's regular rate or 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
Double the employee's regular rate or 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.


http://www.dir.ca.gov/dlse/Glossary.asp?Button1=W#workday

workday
Any consecutive 24-hour period beginning at the same time each calendar day. The workday may begin at any time of day. The beginning of an employee’s workday need not coincide with the beginning of that employee’s shift, and an employer may establish different workdays for different employees. Once a workday is established, it may not be changed unless the change is intended to be permanent and is not designed to evade the employer’s overtime obligation.