Anyone Have Experience with CA Labor Law - Overtime/Doubletime

[Tidybuoy]

I'm wondering if any of the resident experts have experience with California Labor Law.

I am cfo of a factory and we have certain shifts that run 24/7. This is causing a lot of confusion with the overtime/double time rules when we have employees work graveyard and then come back and work again on a new shift but the same day - see example:

Employee works Wed, 11:30 pm till Thurs, 8:30 am (8 hrs. after breaks).
Next, Employee works Thurs 8:00 pm till Friday 2:00 am (6 hrs).

My HR director is telling me that I have to pay the employee double time on anything over 12 hrs that is paid on Thurs, even if the employee is working regular time but two separate shifts. This is because the 12 hrs occurs on the same "calendar" day and does not matter if the 12 hours accumulates on two separate shifts. She says that it does not matter that there are 12 hrs between shifts but because the time worked occurs on the same calendar day, that's how it is. She may be right with the law but it's confusing when having to explain to the employee that OT excludes the 1st 30 minutes because that was Wed, and excludes 2hrs which were Sat pay.

I'm ok paying double time but I'm not ok being told this is how it is without any supporting documentation (i.e., labor law code). If anyone could point me to the actual labor code, that would be really helpful.

Thanks in advance.

[Rick V]

Shouldn't your HR director have that documentation?

[RWebb]

Call or Email the Cal. Labor Dept. - or "whatever they call it down there" here it is BOLI and they give free advice.

If you phone then write down time/date/particulars.

You want to be able to show that you had good faith if the sheet smacks into the fan.

Here, BOLI will usually reduce any sanctions if the employer can show they were trying to do the right thing.

You also get yourself out of the line of fire, and your boss+1 may give you some kudos if they decide to clamp down on your immediate boss.