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About Shirley McAllister, CPP, PHR
Expertise
I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).

Experience
25 years in Payroll and Human Resources

Organizations
SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association)

Education/Credentials
PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

You are here: Experts > Business > Corporate Law > Employment Law > hours between shifts to avoid overtime

Employment Law - hours between shifts to avoid overtime

Expert: Shirley McAllister, CPP, PHR - 11/3/2009

Question
Is it required that an employee have a full 8 hours between shifts to avoid the employer having to pay time and a half in Santa Rosa, Ca.

Answer
Here is how the California Department of Labor defines a workday:

Any consecutive 24-hour period beginning at the same time each calendar day. The workday 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 employees. Once a workday is established, it may not be changed unless the change is intended to be permanent and is not designed to evade the employer's overtime obligation.

So what this means is that whatever the designated workday is than it is a 24 hour period. Any work done in that 24 hour period is paid for that day and if it is over 8 hours it is overtime.

So yes there would be at least 8 hours between shifts.

Shirley

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