Recently we’ve received orders from companies working 4 ten hour shifts per week (4×10). We’ve appreciated the orders, because for our assignment employees who can manage the longer workdays, the 3 day weekend is very appealing.
Because 4×10 schedules are an exception for us, we encountered a situation we hadn’t thought about before.  If you’re working a 4 x 10 schedule or thinking about going to a 4 x 10, what we learned could be very useful to you as well.
The consensus of our professional advisors is, in general, whenever an employee works more than 8 hours in any shift they are entitled to overtime pay unless they work the full 40 hours of the 4 x 10.
So, if you are working a 4 x 10 and you bring a temp in for three days, each hour after the first 8 hour in a shift is time and a half.  In the case of a three day temp, the employee would earn 24 hours straight time and 6 hours of overtime.
We discovered this fine point for some of our clients, and it is vital information if you are or considering going on 4 x 10s and bringing in temps on ten hour shifts. There are exceptions and we’re not attempting to offer legal advice, but we do want you to be aware that there are circumstances that you might not have considered that may require a closer look.
If you are working with other staffing vendors, be sure that you review their pay policies before you bring on one of their employees.  Of course if you call BOLT, that’s one problem you won’t have to bother yourself with.  We will review it with you when you place the order!
If you’d like more information, here are the relevant sections of the State Labor Code.  Wage and hour issues are often an area where it’s a good idea to seek a legal opinion.