Overtime & Double-time Calulations?

[bercnan72]

I live in CA and think my double time hours are being counted wrong. I already know that the CA labor law states any hours worked "in a day" over 8hrs is paid as OT and any worked over 12hrs is DT (double-time). The issue is this: I come in and work my 8hr shift 6:00am-2:30pm. Then, I come back at 8:00pm in the same day and work until 1:00pm the next afternoon. That means I worked 8hrs on my first shift, then came back after only 5.5hrs of a break and worked the next 16hrs straight.

Even though this is now a new "day" it is my understanding that since I started the second 16hr shift in the same day that I worked the first 8hr shift (and with only 5.5hrs break between), the count should continue as if I never left. So, that first 8hrs in the AM is regular pay, then 8pm-midnight is OT pay, then everything after midnight would be DT pay.

My work is currently paying the first 8hrs regularm then when I come back that evening they are starting me over again with the next 8hrs regular then 4hrs OT then 4hrs DT. I don't think this is correct but the only labor law info I can find specifies the hours worked "in a day" but never comes across the situation of a person's shift(s) crossing over into a "new day".

Does anyone have any specific resources that I can use or find mentioning the cross over into a new day or anything close to this?

[jocheved]

They are right. You are working two separate shifts, so it's not continuous hours.

8 hours at reg
4 hours OT
4 hours DB

The deciding factor is that you have time off between the shifts. 5.5 hours is well withing the federal guidelines of time off between shifts.