Labor Laws: Overtime and Offtime between Work Days?

[masterxfob]

#1) Are employees allowed to choose between paying their employees overtime per day and per week? Or do they have to pay overtime anything after 8 hours per day rather than anything over 40 hours per week?

#2) If you work from 6am-6pm on Friday, can your employer make you come in the following day on Saturday at 4am-1pm? Shouldn't there be at least 12 hours between work days?

#3) What are the laws for making an employee come in on the weekend for a 7 day week when the schedule is normally a monday through friday week?

TIA

 

[minendo]

1. They can choose.
2. Does not matter unless you are a minor.
3. None that I know of.

 

[vi edit]

Depends greatly on state laws, size of business, and profession of business.

*Typically* it's any time over 40 hours in a pre-defined 7 day work week. There are exceptions for medical professions. Many hospitals, clinics, and nursing homes pay overtime for any time past 8 hours.

 

[FoBoT]

many labor laws vary from state to state

1. depends on the state law, california actually has pretty strict rules for this kind of stuff

lets google!


Overtime FAQ

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:

check the link, it tells you all the details for California and how to file a complaint if your employer breaks the rules

good luck!

 

[vi edit]

US DOL

 

[masterxfob]

hehe, my sister stole my account and posted this

anyhow, here's the situation:

my sister's boyfriends employer (CountryWide Home Loans in CA) has been forcing him to work twelve hour days several times a week with only a days notice. he ended up missing a day of work due to illness and was told that 8 hours of his overtime would be negated due to the missed day of work. if that legal?

 

[minendo]

Originally posted by: masterxfob
hehe, my sister stole my account and posted this

anyhow, here's the situation:

my sister's boyfriends employer (CountryWide Home Loans in CA) has been forcing him to work twelve hour days several times a week with only a days notice. he ended up missing a day of work due to illness and was told that 8 hours of his overtime would be negated due to the missed day of work. if that legal?

No.

 

[Evadman]

Originally posted by: masterxfob
hehe, my sister stole my account and posted this

anyhow, here's the situation:

my sister's boyfriends employer (CountryWide Home Loans in CA) has been forcing him to work twelve hour days several times a week with only a days notice. he ended up missing a day of work due to illness and was told that 8 hours of his overtime would be negated due to the missed day of work. if that legal?

Not in califoirnia. naything over 8 hours a day = OT pay. Sounds like that employer owes some money.

 

[Adul]

Originally posted by: minendo

Originally posted by: masterxfob
hehe, my sister stole my account and posted this

anyhow, here's the situation:

my sister's boyfriends employer (CountryWide Home Loans in CA) has been forcing him to work twelve hour days several times a week with only a days notice. he ended up missing a day of work due to illness and was told that 8 hours of his overtime would be negated due to the missed day of work. if that legal?

No.

file a complaint

actually have hoim keep track of the hours he has worked in detail. times and dates. not to mention what was over time and what wasn't if they are shorting him he could sue for backwages.

 

[masterxfob]

thanks so much for the information fellas, we are forever in your debt (me, my sister and her bf)

 

[Viper GTS]

Originally posted by: minendo

Originally posted by: masterxfob
hehe, my sister stole my account and posted this

anyhow, here's the situation:

my sister's boyfriends employer (CountryWide Home Loans in CA) has been forcing him to work twelve hour days several times a week with only a days notice. he ended up missing a day of work due to illness and was told that 8 hours of his overtime would be negated due to the missed day of work. if that legal?

No.

Actually, yes it is.

If you do not ACTUALLY WORK 40+ hours, you are not entitled to OT.

Example:

You work M-F, 8 hours a day. You were asked to work four additional hours on three of those days.

You call in sick for one of your 8 hour days.

You worked:

36 + 8 = 44 hours

You only get 4 hours OT.

Viper GTS

 

[minendo]

Originally posted by: Viper GTS
Actually, yes it is.

If you do not ACTUALLY WORK 40+ hours, you are not entitled to OT.

Viper GTS

It depends on the work place. I am paid overtime for anything over 8 hours in a day and I am not required to work 40 hours per week.

 

[vi edit]

If you do not ACTUALLY WORK 40+ hours, you are not entitled to OT.

Depends on state and occupational laws. If state law mandates that employers must pay overtime for any time over 8 hours in a single day, then he is entitled to it. Same goes for certain occupations - health care being the most well known.

 

[Viper GTS]

Originally posted by: minendo

Originally posted by: Viper GTS
Actually, yes it is.

If you do not ACTUALLY WORK 40+ hours, you are not entitled to OT.

Viper GTS

It depends on the work place. I am paid overtime for anything over 8 hours in a day and I am not required to work 40 hours per week.

He asked if it was legal, you said it was not.

That is not the case - UNLESS the state mandates OT for anything over 8 hours a day (which we don't know, and is rather unlikely).

Viper GTS

 

[vi edit]

From FoBoT's link:

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:

 

[Viper GTS]

Originally posted by: vi_edit
From FoBoT's link:

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:

Ahh, I missed the CA part.

Damn, I should move to california.



Viper GTS

 

[masterxfob]

Originally posted by: vi_edit
From FoBoT's link:

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:

i thought that should have settled it, but i think i'll go ahead and make a call:

Division of Labor Standards Enforcement
(888) ASK-WAGE / (888) 275-9243

 

[vi edit]

Ahh, I missed the CA part.

Damn, I should move to california

Which poses the question - how many employers in CA run 12 hour shifts? I know that A LOT of shops run 12 hour shifts for people here in IA. Does CA just not do 12 hour shifts very often, or do the employers just cough it up and pay the extra $$?

 

[masterxfob]

Originally posted by: vi_edit

Ahh, I missed the CA part.

Damn, I should move to california

Which poses the question - how many employers in CA run 12 hour shifts? I know that A LOT of shops run 12 hour shifts for people here in IA. Does CA just not do 12 hour shifts very often, or do the employers just cough it up and pay the extra $$?

i believe it's called part time. there are a lot of places more willing to hire part time than full time to complete the extra work due to the costs of overtime and benefits that full time workers are due.

 

[C'DaleRider]

Originally posted by: vi_edit
From FoBoT's link:

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:

Unfortunately, you didn't keep reading when you bolded...........read it again. It says a big ole OR in there. The way it reads, it's EITHER 8 hours in a day OR 40 hours in a week, employeer choice. Least that's what the OR should mean in there.

Just callin' it as I sees it.