I work in a cardroom in Stockton, CA. If we have an employee who worked 12am - 8am and have to start a new shift at 10pm - 7am that night. Is 2 hours of the new shift considered over-time since it is technically still in the same work day? Or is that a new shift, since there is an 8 hour gap between the last shift & the new shift?
It depends how the workday is defined by your employer. If it's midnight to midnight, then your interpretation may be correct. If the workday is defined as 9 a.m. to 9 a.m., then you would not be owed any overtime. Unfortunately, California law allows the employer to define the workday, though once the workday is defined, it cannot change it.
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To answer your question an attorney would have to know what your employer's designated workday is and whether or not you were working on Indian land at a casino.
The default workday in California is midnight to midnight. If your employer is using the default workday then the answer to your question would be yes there would be two hours of overtime do in the situation you have noted. However if this employer has designated its own workday of, for instance, 10 PM to 10 PM then there would be no overtime earned.
More importantly, if the cardroom is part of an Indian casino on Indian land then none of these rules may apply. Indian casinos on Indian land are inside of a separate sovereign nation and the laws of that sovereign nation will control.If you are in that situation, you will need to find an attorney that is very familiar with that particular Indian nation's laws.
Good luck to you.
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