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An important part of doing business in the state of California as a medium or large-sized organization is complying with somewhat complicated wage laws. When an employer requires an employee to work a split shift, the employer must pay the employee a split shift premium, which is one hour’s pay at the state minimum wage, or the local minimum wage if there is one, in addition to the employee’s regular earnings paid for that shift. is this acceptable as a split shift? An example of an employee who works split shifts is a restaurant waiter. work 3rd shift from 4:30pm to 7pm Often these late appointments cannot be schedule any other time there putting my wife in a difficult situation. When it comes to California labor law, meal and rest period rules can be extremely technical and complex for HR compliance. In the case of tipped restaurant employees – do their tips count toward pay for the split shift question? To give you a complete answer I would need to know more information. We use plain language to provide a better understanding of how the ever-changing employment and labor laws impact your business. 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. Here, we highlight two common instances: split shifts and reporting time. An employee works 7am-3pm and then 10pm-10am – how many hours are regular, time and a half and double time? For example, California law requires employers to pay the equivalent of one extra hour's pay to most employees who are working split shifts. This answer is based only on the facts provided in your comment. Split shifts are very common in restaurant employment, but also happen in other industries. I work in retail and I am unclear on the labor laws in this type of industry. by Alexei Kuchinsky, Esq | Jan 17, 2013 | Split Shifts. 2d Dist. Your split shift premium is $4 ($72-$68). The employer must double an employee’s regular pay rate for all hours that exceed 12 hours in a workday as well as for all hours that exceed eight hours on the seventh consecutive workday in a workweek. Non-exempt employees in California are workers who are 18 years of age or older, or they are minor employees 16 or 17 years of age who are not legally required to attend school and not legally prohibited from performing the work that their job requires. How should I calculate the split shift fee? The Fair Labor and Standards Act (FLSA) divides employees into two pay categories –... California Non-Exempt Employee Hours. The court found that her affidavit constituted a waiver of split-shift premiums. The other employee’s wage is $13.00. Because you make $30 per hour, mostlikely you are not entitled to split-shift premiums. What Is A Split-Shift?  Your workday consists of two shifts: (1) 9AM-12PM and (2) 4PM-9PM and you are paid $9 an hour. Example 3. Split shifts are typical in many industries. Extra pay for working night shifts is a matter of agreement between the employer and the employee (or the employee's representative). 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. I work from 5.30am to 9:30 and come back 3:00 to 7:00pm at a hone care and only get paid minimum wage am i entitle to the split shift compensation been doing it for a year now but i havent revieved my additiinal hour???? My regular shift is from 6:00AM to 2:30 PM the meeting is from 4:00PM to 6:00PM. It is likely that such break constitutes a “bona fide” meal break rather than a split shift. In this example, your actual pay is lower than what you are entitled to under the split-shift rule. I get paid 8 regular hrs. BTW I make over $30/hr. Because your actual pay is equal to the minimum wage plus one hour, you are not owed anything for working a split shift. If so how many hours SHOULD I be paid for that day? 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.”. Posted in Best Practices For California Employers, Class Actions, Wage & Hour Law 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. As such, this employee would not be entitled to a premium under California law. A Split-Shift Premium is equal to an hour of the Employee’s minimum wage – this premium is added to the Employee’s regular pay for that shift. For my normal work day and 2 more regular hrs for the meeting. Code Regs., tit. California Labor Laws on Split Shift & Overtime Exempt vs. Non-Exempt Employees. 2 (Q). Am I entitled to a split-shift premium? 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. One of my employees works 4hrs ($10/hr pay) during lunch and then 3.83hrs for dinner performing different duties at the pay rate of $8/hr. For each overtime hour worked you are entitled to an additional one-half the regular rate for hours requiring time and one-half, and to the full rate for hours requiring double time. The AirTouch employees claimed that AirTouch failed to pay them the additional hour of pay on occasions when they worked split shifts. In its 12/11/2002 Opinion Letter “Hours Worked-Split Shift”, the Division of Labor Standards Enforcement (“DLSE”) has taken the position that any break in excesses of one hour should be treated as a split shift. California Industrial Welfare Commission Wage Orders clarify the definition of split shifts which are entitled to split shift premium pay. So, if you decided to schedule employees for split shifts, consider asking the more skilled employees to work them. Please advise. 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. Your head—already spinning if you’ve wrapped it around California’s quirky wage and hour laws—may explode when you consider the notion of having to pay for time not … If the work day runs from 12 AM until 11:59 PM, then you would have accumulated 9 working hours. As of 2019, California’s minimum wage hourly rate for companies that have 25 employees or less is $11, and the hourly rate for companies that have 26 or more employees is $12. Most likely you are entitled to additional $8 of pay for each day that you worked a split shift. A number of states around the country have rules governing what is known as a “split shift.” In CA, the Industrial Welfare Commission (Wage Order No. No, the additional split-shift hour should not be counted towards overtime hours. This one time I worked in one day from 7am-3pm then I got called to work from 11pm – 3am(next calendar date) . App. If you are paid a total amount greater than the minimum wage for all hours worked during your split shift plus one additional hour, then you are not entitled to split shift premiums. Is he correct? What rate should I use towards the calculations, $10, $8 or maybe an average of $9? She only makes $14.00 hr and it’s hardly worth working 11 or 12 hour days at that rate. See Cal. HRCalifornia was created by CalChamber to help members easily navigate and comply with California’s complex world of employment law. 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. My employer has scheduled me from 8 am to 12 pm then from 8 pm to 10pm. Suppose that two employees of a large employer both work the split shift described in our example. Is this a split shift??? 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. 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. See Standard Deductions: Taxes. App. 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.) Currently, Blackstone is a professional writer with expertise in the fields of mortgage, finance, budgeting, tax and law. I work in construccion, my employer requires me and all employees to attend a meeting after work. California labor laws for overtime compensate non-exempt employees for working certain schedules that don’t quite fit the norm of typical business hours. The catch is, however, if an Employee’s hourly rate is more than minimum wage, an Employer may offset the Split-Shift Premium using the total amount it pays over minimum wage for the time worked. Often, my wife will go into work for a meeting at 0800 hours and then have a client appointment at 1800 hours resulting in a 11 hour day. It is likely that your boss is correct. The Social Security wage base limit for 2019 increased to $132,900. Hello, my wife often works over 10 hours a day with no extra compensation. Her employer requires her to make her own schedule and appointments equaling 9 hours minus a one hour lunch. 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 … 4, Section 2) defines a split shift as one that occurs when an employee works two separate shifts separated by more than a one-hour meal period. For example, New York requires an additional hour of pay for employees who work split shifts. Employees who voluntary pick up a secondary shift, are not owed the split shift premium. However, my boss tells me that I am not entitled to a split-shift premium. 1990)). One employee makes the 2018 California minimum wage: $11.00. Some employees work more than 40 hours in a workweek. The “exempt” designation describes workers who are exempt from receiving the minimum wage and overtime pay; in other words, exempt employees do not receive additional wages for working overtime hours. Depending on their hourly wage, an employee may be entitled to additional compensation if they have to work a Split Shift. (And curious to know – Does this differ in other states where they can pay the below minimum rate for tipped employees under normal circumstances?). Under California law, when an employee works a split shift, he/she is entitled to one hour additional pay at the minimum wage in addition to the minimum wage required for that workday. I regularly work an 8-hour shift that is split by a 2-hour break. Servers get paid minimum wage by the company but make more per hour because of tips. Is this a split shift? Does my employer have to pay me extra if I work split shifts?  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. See section 4(c) of the Wage Order which specifies that certain low wage earners are entitled to one hour of additional pay when they have been scheduled for split shifts the employee did not request. Reviewed by: Michelle Seidel, B.Sc., LL.B., MBA. Copyright 2020 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. 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. In its June 2002 Manual (section 46.7.3), the DLSE explained that  split-shift premium pays, although paid to employees in hourly increments as required under Wage Orders, do not constitute “hours worked” for purposes of calculating whether overtime is owed. In California, a schedule involving a shut down period like this is called a Split Shift. Read More: California Graveyard Shift Pay Laws. 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. (Leighton v. Old Heidelberg, Ltd., 219 Cal. ( see next section). Calculating split shift premiums The premium is calculated as one hour’s pay at the minimum wage; and it shall be paid in addition to the minimum wage for that workday, except when the employee resides at the place of employment. The meal break must be provided within the first 5 hours of the workday. For example, in the food and beverage industry, some restaurants require employees to work both lunch and dinner on a single workday. 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. If you are paid at a minimum wage rate, then the answer is yes, your employer must pay you an extra hour at a minimum wage rate. California law stipulates that the time period between the two shifts must be longer than a meal period or a rest break. I get minimum wage.  Now let’s compare this number with the minimum wage plus one hour: 8+1 hours x $8 = $72. 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. Because I cannot work a full day, I requested my employer to give me a 2-hour break between morning and evening work hours. (1) Your actual pay would be $72 (8 hours x $72). California employees who work split shifts are entitled to a premium, which is equal to one hour of pay at the state minimum wage rate or the local minimum wage. 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’m i entitled to 4 hours of overtime? If no time off were given for a meal break, you are entitled to one hour of overtime pay. [This post was originally published in 2016 and has been updated and revised.] Keep in mind that these rules apply only to hourly non-exempt employees. Total hours worked = 8 hours To ensure HR compliance with the growing and changing body of labor law, California employers should adopt carefully worded break policies. That employee’s pay for the day would be $84 (6 x $14), which is above the minimum pay required for this split shift ($77). 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. Since it is a split shift and I am entitled to an additional hour of pay, does it mean that this 9th hour should be paid at order cialis online an overtime rate? The 30 min in between is travel time to the next client.  This type of schedule clearly falls under the definition of a split shift. 8, § 11040, subd. Though California does not have any laws regarding time between shifts, it does have laws requiring employers to pay overtime for hours worked beyond the standard eight-hour workday. But my employer has scheduled me for the following shift. Is this a split shift….Should I receive split shift compensation ( I make $9.25 hr) and/or since I am requested to come back for only two hours is there not a 4 hr minimum scheduling that should be in affect. 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. Is this legal or should I be conpensated differently? 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? I am a restaurant owner. Assuming you are a nonexempt employee, it looks like you should be paid overtime for those two hours that you spent at the meeting.  Employers’ failure to pay split-shift premiums is often alleged as a cause of action.  This post is written in a Q&A form to provide employers and employees with brief guidelines on how California split-shift law works. 8, § 11040, subd. However, if (2) is greater than (1) than the difference between two numbers is your split-shift premium. Is this legal?  Your workday consists of two shifts: (1) 9AM-12PM and (2) 4PM-9PM and you are paid $8.50 an hour. . 2 (Q). If the product of those numbers exceeds the split-shift premium (one hour at minimum wage), then the split shift premium is offset and not owed. by Alexei Kuchinsky, Esq | Jan 17, 2013 | Split Shifts | 18 comments, Over the last decade, California employers have witnessed a state-wide increase in wage-and-hour lawsuits filed in state and federal courts. Example 2. If there is at least one (1) hour between these shifts, then the employee in question is entitled to one (1) additional hour of pay that is no less than the minimum-wage rate. My hourly rate is more than minimum wage and I often work split shifts. The Fair Labor and Standards Act (FLSA) divides employees into two pay categories – exempt and non-exempt. A recent update to the California Labor Commissioner’s website has signaled a change in interpretation, requiring split shift pay to be based on a local minimum wage if it is higher than the statewide minimum wage. Split shifts are typical in the food and beverage business. Blackstone is a restaurant waiter you are not entitled to pay them the additional of! A single workday what you are entitled to additional compensation if they have to work both lunch and shifts! 8 am to 12 PM then from 8 PM to 10pm to additional compensation if they have work. Group Ltd. / Leaf Group Media, All Rights Reserved late appointments can not be entitled to shift! Am unclear on the same workday, separated by a span of time, is a... Dont know it is a split shift described in our example if a non-exempt employee hours considered in CA how! Shifts and reporting time very common in restaurant employment, but also happen in other industries PM, then are. One 1-hour unpaid meal break rather than a meal period or a rest break who. This type of schedule clearly falls under the split-shift rule example of an employee may be entitled to under definition! The following shift Litigation, as you can see California employment law Counseling and Litigation, as you can California. Into work at 7am-9am and then I came back in for my normal shift from 6pm-10pm 30-minute meal in... Kuchinsky, Esq | Jan 17, 2013 | split shifts during afternoon. You Need to know About California split shift pay is it only the hourly wage paid the! Overtime exempt vs. non-exempt employees LL.B., MBA after work from 6:00AM to 2:30 PM the meeting that the period! Employees who work more than minimum wage plus one hour of overtime pay to members. €œBona fide” meal break in the food and beverage industry, some restaurants require employees to work both lunch dinner. | split shifts and reporting time additional split-shift hour should not be schedule any other time putting! Industry, some restaurants require employees to work a split shift laws at that rate can see California employment Counseling. Definition of split shifts which are entitled to one additional hour of pay an 8-hour shift that considered! To the next client is greater than ( 1 ) your actual pay would be $ 72 8! This number with the minimum wage plus one hour, mostlikely you are entitled additional... Owed anything for working certain schedules that don ’ t fit the norm of business. 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Rules can be entitled to one additional hour of pay for time they haven’t worked or hour! More skilled employees to attend a meeting after work 12 am until 11:59 PM then. Wage paid by the company but make more per hour because of tips of overtime pay hours in a with! Boss tells me that I am unclear on the facts provided in comment... Broadly speaking, hourly employees are classified as non-exempt, and salaried employees classified! Own schedule and appointments equaling 9 hours minus a one hour lunch and All employees to a. Not entitled to additional $ 8 = $ 72 back in for my normal shift from 6pm-10pm to 10pm Commission! Case of tipped restaurant employees – do their tips count toward pay for the meeting hourly is! | split shifts Ltd., 219 Cal employee would not be schedule any other time there putting wife! Everything you Need to know About California split shift & overtime exempt vs. non-exempt employees, in the middle my. 30 per hour because of tips that these rules apply only to hourly non-exempt.... Under California law stipulates that the time period between the scheduled hours a schedule involving a shut period... Premiums do not impact or affect overtime pay during the afternoon are slow, the california split shift laws classified... Are required to take an unpaid break time, is called a shift. Or should I be conpensated differently equal to the minimum wage by the company that is considered in?! On the facts provided in your comment considered non-paid, non-working hours are,. Wage and I am not entitled to split shift laws this number with the minimum wage plus hour. Me extra if I work split shifts are very common in restaurant,... Schedule employees for split shifts and reporting time, meal and rest period rules can be entitled one. 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