I worked an 8 hour shift past midnight, then came back less than 8 hours to work another 8. Do I get overtime?

I worked an 8 hour shift past midnight, then came back less than 8 hours to work another 8. Do I get overtime?

Postby darrell » Sun May 01, 2011 2:27 am

To clear up my questions because none of the answers really were helpful. I live and work in California. My employers have set the working day to end at Midnight. I came in on a Saturday and worked more than 8 hours, till roughly 12:17 Sunday. I then came back into work Sunday morning at 8am and worked another 8 hours. My understanding is that if an employee is not out of the building/off work for at least 8 hours from their previous shirt it is considered overtime. I know about the 8 hours in a day, 40 hours in a week. I am only asking about my working a full shift and then coming back within an 8 hour period. When I worked at Macy's years ago managers told us they had to keep us out of the buidling for 8 hours before our next shirt or it would be overtime. So has teh law changed or is there a way for companies to get away with such behavior? California has some of the strictest employee and labor laws of any of the United States. That is my question.
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I worked an 8 hour shift past midnight, then came back less than 8 hours to work another 8. Do I get overtime?

Postby bercnan72 » Sun May 01, 2011 2:43 am

'CW' nailed it.........sort of.

you are owed 17 minutes of overtime (possibly),
if you took the half hour unpaid break as required by law then you do not get any overtime...... overtime is based on hours actually worked not on the length of the shift....
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I worked an 8 hour shift past midnight, then came back less than 8 hours to work another 8. Do I get overtime?

Postby demarco » Sun May 01, 2011 2:45 am

'CW' nailed it.........sort of.

you are owed 17 minutes of overtime (possibly),
if you took the half hour unpaid break as required by law then you do not get any overtime...... overtime is based on hours actually worked not on the length of the shift....
No such 8 hr rule in federal or state law. Macy's could have a company rule, but t's not law. But the law says workday is midnight to midnight. So you have 17 mn of overtime. I'd not bother over that.
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