EmploymentQuestion 960 of 1605

For calculating daily overtime, how does California define a 'workday'?

a.Only the hours the employee is on the clock
b.Sunrise to sunset
c.A fixed, consecutive 24-hour period established by the employer (default midnight to midnight if none is set)
d.Any 24 hours the employer feels like using

Explanation

A 'workday' in California is any fixed, consecutive 24-hour period the employer establishes; if none is designated, it defaults to midnight to midnight. Daily overtime is computed within that fixed workday. Employers cannot manipulate workday boundaries mid-stream to avoid overtime, and the workday is a 24-hour construct, not merely the hours actually worked.

Law Reference: Labor Code §510; workday definition

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