What laws are there regarding hourly waged graveyard shifts and overtime pay


Thunder Thighs , Monday, 9th of August 2010 08:05:11 PM

My boyfriend is a security guard and basically he gets contracted out to 
Thunder Thighs
businesses. He works the graveyard shift (11pm to 7am), 4-days a week 
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(Wed., Fri., Sat., and Sun.), but sometimes he asked to come in earlier 
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than 11pm and is made to work sometimes from 7pm-7am or 9pm-7am. Now he 
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just started this job last week and not only did he pull in the four days 
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but he pulled an extra two days (Monday and Tuesday). His boss appears to 
cheating him out of his overtime on the days that he worked 10hrs and 
12hrs by splitting up his hours into the next day (Ex: Friday he began his 
shift at 9pm and worked til 7am Saturday... later on that following day he 
came in at 7pm and worked til 7am Sunday... but on his stub, Fri shift 
started 9pm and ended at 12am and then restarted from 12am Sat to 7pm and 
the same happened for the shift that came next). Is how they're doing this 
legal? Can he take legal action? Does any of what l just said make any 
sense? Please help! Thank you!
Oh by the way, though it was indicated 
in the question about overtime pay, l did not mention the detail in the 
description but his boss did not give him overtime pay.
 
 
 
 
 

Beautiful Baby , Tuesday, 10th of August 2010 04:42:50 AM

Looks like the employer is playing with the numbers so as not  
Beautiful Baby
to have to pay overtime. I know that is wrong. How about the Labor  
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Board?  
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ChiCkEN NUGGEt , Wednesday, 11th of August 2010 05:37:38 AM

Each state is different & I would suggest contacting that state  
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is department of labor. It depends on the state is laws if overtime is  
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after 8 hours or after 40 & it has nothing to do if the company is union  
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or not. I worked for a non-union company & it was overtime after 8 hours  
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in a shift. Also, if he is coming in early & leaving late, I hope he has  
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a timeclock that he uses to prove the hours he is working so his boss can  
not fudge the books. In the case of a paper time sheet, keep a copy for  
yourself & have ur supervisor or boss sign it each day or week, whatever  
works for ur circumstances. In my experience, if this new employer is  
doing this now, they will always do this - cheat him out of hours,  
vacations, breaks, reimbursable expenses, etc. I would report them to the  
labor boards, try to fix the situation if possible & in the meantime, look  
for another job. Talk to the employees before applying.  
 
 
 
 
 

Tweety , Thursday, 12th of August 2010 01:15:00 PM

federally it is over 40 hours..EXCEPT in certain situations,  
Tweety
however some states do have varying laws(such as California)where if more  
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than 8 hours straight are worked or more than 6 days in a week, so it  
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would depend on where boyfriend worksand as far as splitting the shift,  
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that is only for bookkeeping reasons, such as there time is from 12:01am  
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till 12:00am, or a full 24 hours.best of luck,  
 
 
 
 
 

Acey , Friday, 13th of August 2010 08:03:23 PM

It depends on what state he lives. I believe he is entitled if  
Acey
the hours are continous.  
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I guess that only applies in California. You should check with your  
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particular state anyways.  
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lil miss cutie , Saturday, 14th of August 2010 12:39:37 AM

Federal law says overtime starts after 40 hours in a week. It  
lil miss cutie
used to be after 8 hours in a day, but only union jobs get that now.  
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Babymeats , Sunday, 15th of August 2010 11:01:04 PM

http://workplacefairness.org  
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