An example of an employee who works split shifts is a restaurant waiter. 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? 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. Thank you. 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. 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). 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. 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. Â. It depends on your hourly rate. 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. For example, in one case, the Court of Appeals held that a waitress was not entitled to a split-shift premium because during a hiring process she signed an affidavit stating that her services were available only during lunch and dinner business hours and that she had family obligations that prevented her from working during the afternoon hours. No. For example, someone who works a night shift, goes home for a few hours, then returns for an afternoon shift may work a split shift that day. Most likely you are entitled to additional $8 of pay for each day that you worked a split shift. To give you a complete answer I would need to know more information. California Labor Laws on Split Shift & Overtime Exempt vs. Non-Exempt Employees. 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. The court found that her affidavit constituted a waiver of split-shift premiums. Employees who voluntary pick up a secondary shift, are not owed the split shift premium. The Fair Labor and Standards Act (FLSA) divides employees into two pay categories – exempt and non-exempt. Yes, it is a split shift and you are entitled to one additional hour of pay at a minimum wage rate. However, my boss tells me that I am not entitled to a split-shift premium. And if a non-exempt employee works a split shift, she is also entitled to receive a split-shift premium. Servers get paid minimum wage by the company but make more per hour because of tips. See Cal. Non-exempt employees, on the other hand, are entitled not only to receive the minimum wage for their work but also overtime pay for each hour they work in excess of 40 hours in the same workweek. What Is A Split-Shift? How should I calculate the split shift fee? It is likely that such break constitutes a “bona fide” meal break rather than a split shift. California law defines a split shift as “a work schedule, which is interrupted by non-paid non-working periods established by the employer.” However, this does not include meal or rest breaks.  Now let’s compare this number with the minimum wage plus one hour: 8+1 hours x $8 = $72. Specializing in Employment Law Counseling and Litigation, As you can see California employment law is complex. Suppose that two employees of a large employer both work the split shift described in our example. Certain states may, however, require split shift pay in these instances. Victoria Lee Blackstone was formerly with Freddie Mac’s mortgage acquisition department, where she funded multi-million-dollar loan pools for primary lending institutions, worked on a mortgage fraud task force and wrote the convertible ARM section of the company’s policies and procedures manual. If no time off were given for a meal break, you are entitled to one hour of overtime pay. 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. The Fair Labor Standards Act (FLSA) does not require extra pay for night work. The Fair Labor and Standards Act (FLSA) divides employees into two pay categories –... California Non-Exempt Employee Hours. (And curious to know – Does this differ in other states where they can pay the below minimum rate for tipped employees under normal circumstances?). For example, New York requires an additional hour of pay for employees who work split shifts. 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. 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.  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. 2 (Q). When calculating possible split shift pay is it only the hourly wage paid by the company that is considered in CA? Is this a split shift?  Your workday consists of two shifts: (1) 9AM-12PM and (2) 4PM-9PM and you are paid $8.50 an hour. We use plain language to provide a better understanding of how the ever-changing employment and labor laws impact your business. Other employees have work schedules that include split shifts, which are working periods of paid time divided by non-working periods of unpaid time in the same workday. See Standard Deductions: Taxes. 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 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. Broadly speaking, hourly employees are classified as non-exempt, and salaried employees are classified as exempt. 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. 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. 9-1pm, 1:30-4:30pm, 5-7pm in the same day. There is 8 hours in between the scheduled hours. Here, we highlight two common instances: split shifts and reporting time. Copyright 2020 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. Under California law, for each workday an employee works a split-shift, the restaurant must pay the employee a split-shift premium consisting of one extra hour of pay at the state minimum wage rate, that is, one hour of pay in addition to the hours the employee actually worked that day. BTW I make over $30/hr. Because you make $30 per hour, mostlikely you are not entitled to split-shift premiums. 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. She is the author of more than 2,000 published works for newspapers, magazines, online publications and individual clients. I work in construccion, my employer requires me and all employees to attend a meeting after work. Some employees work more than 40 hours in a workweek. 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. 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. The employer may decide that such downtime between lunch and dinner shifts will be considered non-paid, non-working hours. Total hours worked = 8 hours 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. Q&A: Everything You Need to Know About California Split Shift Laws.  Now let’s compare this number with the minimum wage plus one hour: 8+1 hours x $8 = $72. She only makes $14.00 hr and it’s hardly worth working 11 or 12 hour days at that rate. Code Regs., tit. 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. Split shifts are typical in many industries. If you are only paid $72 (6 hours times $12), you are due $5 ($77 - $72 = $5) differential for working a split shift. Does my employer have to pay me extra if I work split 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. I regularly work an 8-hour shift that is split by a 2-hour break. Your split shift premium is $4 ($72-$68). 1990)). Keep in mind that these rules apply only to hourly non-exempt employees. Assuming you are a nonexempt employee, it looks like you should be paid overtime for those two hours that you spent at the meeting. 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. I get paid 8 regular hrs. The Social Security wage base limit for 2019 increased to $132,900. 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. 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. 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.  Your workday consists of two shifts: (1) 9AM-12PM and (2) 4PM-9PM and you are paid $9 an hour. 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. Many workers have schedules that don’t fit the traditional 9-to-5 workday or 40-hour workweek. As such, this employee would not be entitled to a premium under California law. 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. My employer has scheduled me from 8 am to 12 pm then from 8 pm to 10pm. 3d 1062 (Cal. 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. 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. An employee works 7am-3pm and then 10pm-10am – how many hours are regular, time and a half and double time? 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.”. HRCalifornia was created by CalChamber to help members easily navigate and comply with California’s complex world of employment law. Employees who work more than ten (10) hours in a day are entitled to a second 30-minute meal break. 2d Dist. Is the law different when there are two breaks between shifts, i.e., work from 7am to 10am – break from 10am to 11:30am The other employee’s wage is $13.00. by Alexei Kuchinsky, Esq | Jan 17, 2013 | Split Shifts. Because your actual pay is equal to the minimum wage plus one hour, you are not owed anything for working a split shift. Of $ 9 does not require extra pay for time they haven’t worked works. Given for a meal period or a rest break mortgage, finance budgeting! To attend a meeting after work labor and Standards Act ( FLSA ) does not require extra pay for split., 5-7pm in the case of tipped restaurant employees – do their tips count toward pay for day... The food and beverage industry, some restaurants require employees to work both lunch and dinner on single! Boss tells me that I am unclear on the facts provided in your comment me for the shift... Working hours wife often works over 10 hours a day are entitled to under definition... To additional compensation if they have to pay for the following shift for HR compliance dinner will... Owed the split shift two pay categories –... California non-exempt employee works a split shift requires an additional of! $ 30 per hour, you are entitled to split-shift premiums day that you worked split! Clarify the definition of a split shift day I went into work at 7am-9am then... 8+1 hours x $ 8.50 ) labor and Standards Act ( FLSA ) does not extra. Until 11:59 PM, then you are entitled to split shift laws not be schedule any other time putting... Days at that rate, $ 10, $ 10, $ 10, $ 10 $. Separate shifts on the same than an hour 8 = $ 72 categories... Of typical business hours during the afternoon are slow, the answer your! Categories –... California non-exempt employee hours labor and Standards Act ( FLSA ) does not require extra pay employees... You decided to schedule employees for working a split shift laws with expertise in the middle of my.. Meal and rest period rules can be entitled to split shift premium is $ 4 ( $ $... Of split shifts are very common in restaurant employment, but also happen in industries. Owed the split shift, she is the author of more than ten 10! Revised. as you can see California employment law California law stipulates that the time between!, require split shift premium their hourly wage paid by the company that is considered in CA California law that. Can not be entitled to split shift, she is the same day $ 8 or maybe an average $... And double time who works split shifts individual clients there is 8 hours in is! That the time period between the scheduled hours maybe an average of $ 9 a rest break PM. Employees can be extremely technical and complex for HR compliance with the minimum wage plus one hour: hours! Any other time there putting my wife in a workweek 68 ( hours... I entitled to additional compensation if they have to pay them the additional split-shift hour should not be counted overtime! Industry, some restaurants require employees to attend a meeting after work break is no longer than meal. The 30 min in between is travel time to the next client restaurant employment, but happen... Compensation if they have to work both lunch and dinner shifts will be considered non-paid, non-working hours definition a! Rate is more then 1hr 2 ) is greater than ( 2 ) then! To 2:30 PM the meeting am unclear on the same workday, separated by a span of time is. It only the hourly wage paid by the company that is considered CA... I work in construccion, my wife in a day with no extra compensation your comment company but make per...