How Many Hours Are Required Between Shifts in California?

What is the Minimum Time Between Shifts for Hourly Workers In California?

Many California employees have questions about the legality of their work schedules. For example, when employers require workers to work from 8 am to 4 pm, then punch back in for another eight-hour shift at 4 am, employees wonder: are they being exploited? Is their employer playing by the rules, or are they breaching California labor laws?

While many workers in California enjoy predictably normal work hours, there are also many workers whose employers require them to work long and arduous hours.

However, when employees who work double shifts, for example, wonder if their employers cooperate with California law, the answer is usually the same: they are.

In this article, our employment litigation attorney discusses California’s labor laws and clarify the common misconceptions surrounding the hours employers must provide between shifts.

Are you required to have 8 hours off between shifts?

Existing California law does not require a minimum amount of hours between an employee’s shifts. However, California does enforce laws that require workers to receive overtime pay for any hours they work in addition to the typical eight-hour day.

California’s Wage Orders, similar to those in other states, establish specific employment rules for businesses and workers. For example, many states have a minimum wage rule in place.

In this case, California’s Wage Orders dictate that it is acceptable for employees to work more than eight hours per day, but there are some caveats. The employee must be:

• 18 years old or older
• At least 16 or 17 years old but not attending school

In California, employees who work over eight hours per day might get overtime pay but are not guaranteed it. The majority of the time, however, if an employee works for longer than eight hours, they will be compensated in one of these manners:

• The worker’s regular pay rate will double if the employee works over 12 hours per day

• The workers’ regular pay rate will double if they work over 40 hours a week.

• The workers’ normal pay rate will double if they work over 12 hours daily.

• The workers’ pay rate will double on the seventh day if they work over eight hours.

• The worker’s rate will be multiplied by 1.5 for the first eight hours they work on the seventh straight day in one week.

What Are the Exceptions to Overtime in California?

California provides employers and employees with exemptions from overtime laws for:

• Professional reasons
• Administrative reasons
• Executive reasons

However, these exemptions are not black and white and depend on many factors, including:

• The hours the employee works
• The nature of the job

It can be challenging for employees to determine if exemptions apply to their situation. For example, some salaried workers can still receive overtime pay if they work over eight hours daily.

Experienced labor law attorneys in California can help employees figure out where they stand concerning labor laws, hours between shifts, and overtime.

What is the Alternative Workweek Schedule in California?

Employees who work alternative schedules in California may not be able to benefit from the overtime law. For example, we often find workers with unique schedules in healthcare and emergency jobs, and usually, employees understand that the nature of their work usually negates overtime pay.

For example, an emergency care worker might work four days per week, each shift lasting 10 hours. The employee will have accepted the employer’s contract and agreed to work this alternate schedule.

Notably, when an employee with an alternate schedule works additional hours, they can receive overtime and sometimes double time. For example, let’s return to the example of the employee who works 10 hours, four days a week. If the worker works three 10-hour days but then works 14 hours on the fourth day, the additional four hours are paid overtime.

Since any hours the employee logs over 12 are paid double-time, the employee would receive two hours at a time and a half and two hours double-time.

There are other rules in place in California regarding the healthcare industry since many healthcare workers have unorthodox schedules. These rules help employers and workers understand the different overtime criteria in these specialized fields.

When individuals have questions about alternative workweek schedules and overtime, they should contact a qualified attorney in California.

Commonly Asked Questions About Hours Between Shifts in California

Can Salaried Workers Collect Overtime?

Some employees on salary can receive overtime if they log over eight hours in a single workday. Whether a salaried worker can get overtime depends on the job, industry, and situation. However, since there is a chance the employee may be able to collect extra pay, they should contact an attorney to ensure that they understand their rights.

Should Employers be Allowed Minimum Time Between Shifts?

Unfortunately, California does not have a law regarding the minimum time between shifts. However, most employees receive a 10-minute break for every four-hour increment. For more details, contact an employment or labor law attorney.

Does California Have Exceptions to its Overtime Laws?

California offers exceptions in executive, professional and administrative capacities. As a result, some workers, especially those in the healthcare field who work alternate work weeks, can still benefit from overtime.

When Should Employees Contact a California Labor Law Attorney?

Overtime policies and labor laws in California can confuse companies and employees.

At Nakase Wade, we offer unparalleled knowledge of California labor laws. As attorneys, we see it as our duty to protect workers’ rights across California.

Knowledge is often the key to being treated correctly by employers and earning overtime if warranted. Our legal team will help you better understand your employment situation, and if needed, we will defend your right as a California employee.

We offer free initial consultations at Nakase Wade, so contact us today if you think your employer is violating your rights.