Supplemental materials for LEAP 2025 session Can we set alternative schedules to avoid California’s overtime requirement?
Q: We are a small business that provides temporary staffing to hospitals in California. California law requires paying overtime when employees work more than eight hours in a workday. A hospital to which we supply workers has asked us if our employees can work four 10-hour shifts with no overtime instead of five eight-hour shifts. I don’t think we can do that, as I am not sure employees can voluntarily waive their overtime rights. Can we agree to the hospital’s request?—P.C., California
A: The federal Fair Labor Standards Act requires overtime pay if an employee works more than 40 hours in any one workweek. However, not every state follows that rule. As you note, California requires overtime pay when an employee works more than eight hours in a workday.
But California also allows for alternate work schedules such as four 10-hour shifts, for a total of 40 hours per week. In that case, employees would not receive overtime for the scheduled days unless they worked more than 10 hours on those days. If they worked an extra shift that week, they would receive the overtime rate for that day. Note that employees must agree to the alternative schedule.
Online resource: Read more about California’s overtime rules here.
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