However, in some industries it makes more sense to have longer shifts. Because of this, employers will sometimes ask employees to work 4 days a week, 10 hours a day or 3 days a week, 12 hours a day. Under California law this could mean that a lot of overtime is owed. The employer might not want to pay that overtime, which could mean the employees may not be able to enjoy a shorter work week.

The State has offered a solution. The employer can apply for an alternative work week schedule. Whereby the employer no longer has to pay the daily overtime and the employees can keep their shorter work week. In order for this to occur the employees must vote on the schedule and the vote will only be approved if a 2/3 majority are for the new schedule. If the vote is passed, the employer must finish registration with the state.

Keep in mind that overtime is still owed if the employee works more than 40 hours in a week. Also double time is owed if the employee works more than 12 hours in day. Breaks are another concern; if an employee works more than 10 hours in day they are entitled to a second 30 minute lunch break. If they work 12 hours they will need a third 10 minute break as well.

If you are currently working more than 8 hours in a day and not being paid daily overtime, you can check to see if your employer has registered with the state by visiting The Department of Industrial Relations. If they have not registered you should consult a California labor law attorney to review your situation.

Labor law is complex; if you have any questions regarding your employment it is recommended that you contact a California labor law attorney who can help you understand your rights and in many cases will review your situation without charge.

If you have any questions about this article or our blog, feel free to call us at:

Long Beach – (562) 256-1047
Los Angeles – (213) 261-0229
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California labor law attorneys were able to prove the illegality of changing the ending and beginning days of a work week for the purpose of an evasion of 7th day payment of overtime. Reasoning was supported by the California’s Supreme Court and as far as the on-call time is concerned, they also found that employees will get the payment in a normal way during their sleep on the employment vessel.

In the case of Seymore v. Metson Marine, Inc., The schedule was set for the employees in which, there was a fourteen days off & a fourteen days on. The most important function of their job was the attendance of marine oil spills. However, the work week was designed by Metson Marine in such a way that there was no need to pay the overtime payment of seventh day on the 2nd week (day fourteenth). You can also say that the overtime payment on the seventh continuous working day will be paid to the employees, but the payment for the last day from those fourteen days will not be paid, while, it was recognized by the court that the employers are able to select the work week for the purposes of a payroll. It was also noted by the court that Metson Marine has actually designed the work week in such a way that they can easily avoid the payment of overtime on the fourteenth day, other than that, Metson was not able to prove anything because of not having any evidence.
California labor law attorneys that were representing claimants were also able to successfully prove that employees were not getting their payments properly for the on call and off duty. Sometimes, Metson Marine allowed their employees to leave the area of the ship, without any pay, if there was any personal reason, however, they were required to carry a phone and return within forty five minutes without drinking alcohol. It was found by the court that Metson Marine was required to pay their employees for the on-call times because there were restrictions on the employees, during that time.
The attorneys of the claimant asked the defendant to pay the payment of eight hours during which employees were having sleep in the ship. Metson Marine got a victory on this point because according to the court’s decision, employees should only get the payment for the hours they have worked.
If anyone from you is also having a similar kind of a problem with your employer, you can contact the most experienced Los Angeles Labor Law Attorney for the review of your case.

Photo Credit: Shutterstock/Billion Photos

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