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Am i getting paid correctly?

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Bluechumba

Junior Member
How should I be paid when working overnight?
I'm a grocery retail non-exempt employee from California who needs to know if I'm being paid correctly. Sunday is premium pay so when I start a shift. Sunday at 9 pm and work on the clock until Monday at 8 am. Do I get premium pay for the time I was clocked in or by the day? I'm paid Sunday pay for the 9 pm-12 am, however after 12 am I'm back to regular pay. Is this right and how does overnight get calculated? I can work almost 16 hours in one shift but because my shift goes into another day I do not get overtime
 
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FlyingRon

Senior Member
It is determined by whatever the employer declares as your WORKDAY. The work day could be defined as starting at Midnight, or it could be defined as starting at 9 AM. It need not be aligned with your shift and if your shift falls into different workdays it matters not that you were working continuously across the boundary.

Similarly, a WORKWEEK is set for seven consecutive days. It can start on Sunday or Monday or Wednesday or whatever the employer decides.

They, however, are not allowed to arbitrarily move the WORKDAY and WORKWEEK designations around capriciously.

So once you figure out what your WORKDAY and WORKWEEK are you can compute the rest. It looks to be that your WORKDAY runs MIDNIGHT to MIDNIGHT. Your WORKWEEK runs MONDAY to SUNDAY.

If that is the case then when you worked 9PM-MIDNIGHT you are due 3 hours of time and a half for being the seventh day.
MIDNIGHT-8AM is back to the first day of the next week. You get straight time.

Note however, if on Monday you come back and work again at 9PM-MIDNIGHT, you are entitled to time and a half there because you've already worked eight hours that workday.
 

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