Read More: California Graveyard Shift Pay Laws. If you are only paid $72 (6 hours times $12), you are due $5 ($77 - $72 = $5) differential for working a split shift. Most likely you are entitled to additional $8 of pay for each day that you worked a split shift. In California, a split-shift occurs when a worker's schedule is broken up by an unpaid, non-working period of time in excess of sixty (60) minutes. Non-exempt employees are eligible to receive overtime pay at the rate of 1*½ times* an employee’s regular rate of pay for all hours that exceed eight hours of each day or 40 hours of work each week. For example, if an employee is scheduled to work 10 hours in a day as part of an alternative work schedule and ends up working 12 hours, the additional 2 hours would be paid time and a half. The other day I went into work at 7am-9am and then I came back in for my normal shift from 6pm-10pm. Because your actual pay is equal to the minimum wage plus one hour, you are not owed anything for working a split shift. Is this a split shift? See Cal. See Split Shift Pay. Split shifts are typical in the food and beverage business. California law prohibits employers from allowing non-exempt employees to work more than eight hours each workday or more than 40 hours each workweek without receiving overtime pay. It is likely that your boss is correct. 2 (Q). App. Her employer gets around this by telling her it’s her responsibility to make the schedule equal 8 hours by taking a break in the middle of the day.  Because this non-paid non-working period was not established by the employer,it  is not a split shift within the meaning of the wage order. If the work day runs from 12 AM until 11:59 PM, then you would have accumulated 9 working hours. Hello, my wife often works over 10 hours a day with no extra compensation. my employer had me work a 10 hour day at $12.60 and hour then work an 8 hour day with 6 hours in between. Please advise. I get minimum wage. And if a non-exempt employee works a split shift, she is also entitled to receive a split-shift premium. No. It depends on your hourly rate. If your workday consists of two shifts: (1) 9AM-12PM and (2) 4PM-9PM and you earn only the minimum wage, your employer will have to pay one additional hour. I am a Senior Caregiver with Home Instead. California Labor Laws for Salaried Employees, California Labor Laws Relating to Breaks & Meal Periods, California Labor Law on Four Ten-Hour Days, State of California Department of Industrial Relations: Overtime, State of California Department of Industrial Relations: Split Shift, State of California Department of Industrial Relationships: Minimum Wage, {'url': 'https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/fs17a_overview.pdf', '_id': 'https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/fs17a_overview.pdf', 'external_url': 'https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/fs17a_overview.pdf'}, Fair Labor Standards Act (FLSA) Coverage (Exempt vs. Non-Exempt -- The Online Wages, Hours and Overtime Pay Resource, Wages and the Fair Labor Standards Act | U.S. Department of Labor, California Industrial Welfare Commission: Official Notice -- Order 7-2001. My hourly rate is more than minimum wage and I often work split shifts. Certain states may, however, require split shift pay in these instances. Q&A: Everything You Need to Know About California Split Shift Laws. Example 2. California waiters and waitresses, for example, typically work split shifts since their employers often require that they work both lunch and dinner shifts. California employees who are considered non-exempt ⁠ 1 have a legal right to receive meal breaks and rest periods.⁠ 2 And even most employees who are considered exempt still have a right to take meal breaks (but not rest periods).⁠ 3 The number of breaks depends on the length of the employee’s shift. Specializing in Employment Law Counseling and Litigation, As you can see California employment law is complex. Employers are not required to pay a split-shift premium if it is an employee who requests the interruption in his or her work schedule or time off to attend personal matters. 2 (Q). To figure out whether you are owed any split-shift premiums, compare the following two numbers: (1) your total pay at your regular rate for the day; and (2) the minimum wage multiplied by number of hours worked plus one hour. Am I entitled to a split-shift premium? For example, in the food and beverage industry, some restaurants require employees to work both lunch and dinner on a single workday. What Is A Split-Shift? However, the FLSA does require that covered, nonexempt workers be paid not less than time and one-half the employee's regular rate for time worked over 40 hours in a workweek. But my employer has scheduled me for the following shift. Yes, it is a split shift and you are entitled to one additional hour of pay at a minimum wage rate. Given that CA’s 2013 minimum wage rate is $8 per hour, in this example, the employee would be entitled to $72 (8 hours x $8 plus $8 as a split shift premium.) (1) Your actual pay would be $68 (8 hours x $8.50). Employees who voluntary pick up a secondary shift, are not owed the split shift premium. Under California wage and hour law, non-exempt employees must receive a thirty (30) minute lunch or meal break if they work more than five (5) hours in a day. I regularly work an 8-hour shift that is split by a 2-hour break. To illustrate, a minimum wage employee ($8 per hour under California law, which is what applies regardless of whether there is a higher local minimum wage) who works an 8-hour day with a split shift would be entitled to an extra $8 for the day, for a total of $72 for the day ($8 x 8 hours + $8 split shift … This answer is based only on the facts provided in your comment. There is 8 hours in between the scheduled hours. For example, a waiter may work from 10:00 a.m. to 2:00 p.m. during the lunch shift, clock out and return to the restaurant after several hours to work from 4:00 p.m. to 8:00 p.m. during the dinner shift. Split shifts must be worked for the benefit of the employer; for example, workers cannot voluntarily work a split shift and receive the premium for it. Is this a split shift??? Split Shifts A split shift is defined in the California IWC Wage Orders as: …a work schedule, which is interrupted by non-paid non-working periods established by the employer, other than bona fide rest or meal periods. The answer to your question depends upon how your employer sees the work day.  Your workday consists of two shifts: (1) 9AM-12PM and (2) 4PM-9PM and you are paid $8.50 an hour. It is likely that such break constitutes a “bona fide” meal break rather than a split shift. Many workers have schedules that don’t fit the traditional 9-to-5 workday or 40-hour workweek. If you have any questions regarding this article or other employment related matters, feel free to, Class, Collective, & Representative Actions. Can you please tell me if an employee works a 6 hour shift if they are docked 1/2 hour for lunch and paid for only 5 1/2 hours or can they be paid a straight 6 hours? No, the additional split-shift hour should not be counted towards overtime hours. California: ‘Split-Shift’ Premiums. For example, California law requires employers to pay the equivalent of one extra hour's pay to most employees who are working split shifts. California labor laws for overtime compensate non-exempt employees for working certain schedules that don’t quite fit the norm of typical business hours. HRCalifornia was created by CalChamber to help members easily navigate and comply with California’s complex world of employment law. For example, New York requires an additional hour of pay for employees who work split shifts. Is the law different when there are two breaks between shifts, i.e., work from 7am to 10am – break from 10am to 11:30am Some workers may prefer regularly scheduled split shifts to provide a break for other activities, such as caring for children after the end of the school day and before the other parent gets off work. The AirTouch employees claimed that AirTouch failed to pay them the additional hour of pay on occasions when they worked split shifts. If your workday consists of two shifts: (1) 9AM-12PM and (2) 4PM-9PM and you earn only the minimum wage, your employer will have to pay one additional hour. Each state's department of labor is responsible for creating and enforcing its own hour and wage laws, yet none have a requirement for the minimum number of hours between shifts. Specifically, under  applicable Wage Orders, section 4(c), “when an employee works a split shift, one hour’s pay at the minimum wage shall be paid in addition to the minimum wage for that workday, except when the employee resides at the place of employment.”, Example 1. Is it legal for my employer to have me work one hour in the morning from 7:30 am-8:30 am and then come back to work from 4;30pm- 11:30pm. Employers are required to itemize the split-shift premium on an employer’s pay stub as a separate entry apart from regular wages and label it “Split Shift Premium.”. When calculating possible split shift pay is it only the hourly wage paid by the company that is considered in CA? Total hours worked = 8 hours California Labor Laws on Split Shift & Overtime Exempt vs. Non-Exempt Employees. 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