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Hours off before reporting back to work

  • Thread starter Thread starter Phillip Greene
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Phillip Greene

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What is the name of your state? California.... I would like to know what is the law on how many hours does an employee have off before he is required to report back to work? My situation is this...I work Monday thru Wednesday from 00:00 to 08:30 am. and Saturday and Sunday from 08:00 to 16:30. I'm off on Thursday and Friday. When I get off on Sunday at 16:30, I'm expected to report back to work at midnight (00:00) Monday morning. That's a seven and 1/2 hour window. Is this legal? If so are there any premium pay involved? I'll be waiting patiently for your response.

Thank you,

Phillip Greene
 


JETX

Senior Member
Phillip Greene said:
I work Monday thru Wednesday from 00:00 to 08:30 am. and Saturday and Sunday from 08:00 to 16:30. I'm off on Thursday and Friday. When I get off on Sunday at 16:30, I'm expected to report back to work at midnight (00:00) Monday morning. That's a seven and 1/2 hour window. Is this legal?
Yep.

If so are there any premium pay involved?
Possibly. California defines a work day as "any consecutive 24-hour period
commencing at the same time each calendar day." The problem you have is that you don't work 'same time each calendar day'. Your post isn't clear on when your Sunday 'work day' starts, so we don't know when the 24-hour period starts. If in fact it started before 00:01 Sunday, your return at 00:00 on Monday would be in the same day and that overlap time would be subject to time-and-a-half.... if you are non-exempt.

From the California Labor Code:
"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."

The applicable California labor laws are online at: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=lab&group=00001-01000&file=500-558
 
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