What are the overtime requirements for an employee who returns to work in less than eight hours after working an eight-hour shift?

Overtime calculations have nothing to do with shift scheduling. Overtime is required for hours worked in excess of eight in one workday and 40 in one workweek. Double time is required for hours worked in excess of 12 in a day.

Workday
“Workday” is defined in the Industrial Welfare Commission (IWC) orders and Labor Code Section 500 for the purpose of determining when daily overtime is due.

A workday is a consecutive 24-hour period beginning at the same time each calendar day, but it may begin at any time of day. The beginning of an employee’s workday need not coincide with the beginning of that employee’s shift, and an employer may establish different workdays for different shifts.

Once a workday is established, however, it may be changed only if the change is intended to be permanent and the change is not designed to evade overtime obligations.

Daily overtime is due based on the hours worked in any given workday and, of course, the averaging of hours over two or more workdays is not allowed. (See Labor Commissioner’s opinion letter 1993.12.09).

Workweek
“Workweek” is defined in the IWC orders and Labor Code Section 500 for the purpose of determining when weekly overtime is due.

A workweek is any seven consecutive 24-hour periods, starting with the same calendar day each week, beginning at any hour on any day, so long as it is fixed and regularly recurring. An employer may establish different workweeks for different employees, but once an employee’s workweek is established, it remains fixed regardless of his/her working schedule.

An employee’s workweek may be changed only if the change is intended to be permanent and the change is not designed to evade overtime obligations. (See Labor Commissioner opinion letter 1986.12.01).

As an example, if an employer’s workday is a calendar workday (from midnight to midnight) and the employee works from 4 a.m. to noon and then returns to work at 4 p.m., any hours worked from 4 p.m. to midnight would constitute overtime and/or double time. For the purpose of weekly overtime, calculations end at the end of the last day of the workweek and begin again starting with the first day of the next workweek. (It should be noted that there are a few occupations where the amount of time an employee may work in a day is limited.)

The Labor Law Helpline is a service to California Chamber of Commerce preferred and executive members. For expert explanations of labor laws and Cal/OSHA regulations, not legal counsel for specific situations, call (800) 348-2262 or submit your question at www.hrcalifornia.com.

Where Can You Get More Information? Check out the Compliance Section of the Chamber Store. The Chamber is where you can get the HR Handbook for California and the California Labor Digest at the LOWEST price! Napa Chamber members are able to receive all of their required products at greatly reduced rates. Contact Lynn Page at (707) 254-1145 or click here to visit our online Chamber Store.

Reprinted with permission from the California Chamber of Commerce.