If im scheduled for 12 hour shifts do those hours count toward a 40 hour workweek?

[iker]

I am scheduled to work 12 hours shifts 4 days per week for a total of 48 hours a week but my employer says they are following california law and they are only counting my first 8 hours per day as hour worked toward the 40 hour workweek for overtime pay compensation so in a 4 day 48 hours worked week i only accrue 32 hours of straight 8 hours and therefore do not get to be compensated. for overtime after 40. Is this legal? They do pay 8 straight pay hours per day and 4 time and a half per day for the 12 hours i work, but the part of the labor law that states overtime after 40 hours in a work week they will only count the first 8 hours each day toward the 40 hour workweek calculation

[ingel]

Labor Laws tend to be State mandated -- I don't live in California but you can call your State Department of Labor to find out if this is legal or a violation. But how you've written it, if I understand you correctly, you would be only entitled to 8 hours of overtime per week but are actually being compensated for 16 hours. You should also seriously consider before speaking up because technically they are permitted to reduce that total 48/week by meal and other breaks, which may actually reduce your overall time and make you ineligible for any OT at all if you're getting an hour for meals and half hour break a day.

[favian]

They are handling it correctly... you don't get double dipping.
The over 40 in a week is if you are working a 6th/7th day that puts in over 40 but you didn't work over 8 in one day.

Like working 7 hours Monday - Saturday = gives you 42 hours for the weeks - 40 reg 2 OT but you never got daily OT.

[karlitis]

Yes they do. They are right. And it's not just California law.
The only thing is that with 12 hour shifts, they must allow you 2-4 10 minute breaks daily and 30-60 minute lunch. You should also find out if you get paid for lunch. Breaks they have to pay.