If you are only paid $72 (6 hours times $12), you are due $5 ($77 - $72 = $5) differential for working a split shift. 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. 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 – exempt and non-exempt. 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. . It is likely that your boss is correct. 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.  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. Feel free to contact me directly if you have further questions. The meal break must be provided within the first 5 hours of the workday. 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. Is this a split shift??? My hourly rate is more than minimum wage and I often work split shifts. 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. How should I calculate the split shift fee? For example, New York requires an additional hour of pay for employees who work split shifts. 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. No. 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 in retail and I am unclear on the labor laws in this type of industry.  Your workday consists of two shifts: (1) 9AM-12PM and (2) 4PM-9PM and you are paid $9 an hour. 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. This one time I worked in one day from 7am-3pm then I got called to work from 11pm – 3am(next calendar date) . Is he correct? Split shift premiums do not impact or affect overtime pay. Yes, it is a split shift and you are entitled to one additional hour of pay at a minimum wage rate. 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 legal? Copyright 2020 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. 9-1pm, 1:30-4:30pm, 5-7pm in the same day. Here, we highlight two common instances: split shifts and reporting time. 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. Employees who voluntary pick up a secondary shift, are not owed the split shift premium. I am a restaurant owner. 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. 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. 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. To give you a complete answer I would need to know more information. BTW I make over $30/hr. I work in construccion, my employer requires me and all employees to attend a meeting after work. The Social Security wage base limit for 2019 increased to $132,900. My employer has scheduled me from 8 am to 12 pm then from 8 pm to 10pm. The Fair Labor and Standards Act (FLSA) divides employees into two pay categories –... California Non-Exempt Employee Hours. Broadly speaking, hourly employees are classified as non-exempt, and salaried employees are classified as exempt. 3d 1062 (Cal. Often these late appointments cannot be schedule any other time there putting my wife in a difficult situation. If the work day runs from 12 AM until 11:59 PM, then you would have accumulated 9 working hours. California Industrial Welfare Commission Wage Orders clarify the definition of split shifts which are entitled to split shift premium pay. To ensure HR compliance with the growing and changing body of labor law, California employers should adopt carefully worded break policies. The court found that her affidavit constituted a waiver of split-shift premiums. HRCalifornia was created by CalChamber to help members easily navigate and comply with California’s complex world of employment law. She only makes $14.00 hr and it’s hardly worth working 11 or 12 hour days at that rate. 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.  Now let’s compare this number with the minimum wage plus one hour: 8+1 hours x $8 = $72. The employer may decide that such downtime between lunch and dinner shifts will be considered non-paid, non-working hours. 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. (1) Your actual pay would be $72 (8 hours x $72). Seyfarth Synopsis: Yes, it’s true: California employees can be entitled to pay for time they haven’t worked. 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. 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. When calculating possible split shift pay is it only the hourly wage paid by the company that is considered in CA?  Now let’s compare this number with the minimum wage plus one hour: 8+1 hours x $8 = $72. The other employee’s wage is $13.00. 2 (Q). 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. 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. Depending on their hourly wage, an employee may be entitled to additional compensation if they have to work a Split Shift. Suppose that two employees of a large employer both work the split shift described in our example. 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. Thank you. 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. Servers get paid minimum wage by the company but make more per hour because of tips. Is this a split shift? It is defined as a work shift with a period of time between shifts that is unpaid and no work is required, for longer than an hour (therefore is not a rest or meal period). ), However, if you earn more than minimum wage, it is likely that you are not entitled to a split shift premium, or only partially. 1990)). His break between both shifts is more then 1hr. 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. Is the law different when there are two breaks between shifts, i.e., work from 7am to 10am – break from 10am to 11:30am Among the most difficult, from a tracking perspective, are the so-called "missed meal penalty" and the "split-shift premium" rules. These two separate shifts on the same workday, separated by a span of time, is called a split shift. We use plain language to provide a better understanding of how the ever-changing employment and labor laws impact your business. 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. 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? 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. Your split shift premium is $4 ($72-$68). 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. 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.”. Code Regs., tit. work 3rd shift from 4:30pm to 7pm Â. 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. Certain states may, however, require split shift pay in these instances. 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. What rate should I use towards the calculations, $10, $8 or maybe an average of $9? However, because business hours during the afternoon are slow, the employees are required to take an unpaid break. If no time off were given for a meal break, you are entitled to one hour of overtime pay. 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. Code Regs., tit. Because you make $30 per hour, mostlikely you are not entitled to split-shift premiums. 8, § 11040, subd. Hello, my wife often works over 10 hours a day with no extra compensation. 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. 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. And if a non-exempt employee works a split shift, she is also entitled to receive a split-shift premium. See Standard Deductions: Taxes. App. Example 3. 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. 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.) In this example, your actual pay is lower than what you are entitled to under the split-shift rule. What Is A Split-Shift? It depends on your hourly rate. California Split Shifts. Industrial Welfare Commission Wage Orders define “split shift” 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. This answer is based only on the facts provided in your comment. When it comes to California labor law, meal and rest period rules can be extremely technical and complex for HR compliance. work 2nd shift from 11:30am to 2pm; second break from 2pm to 4:30pm Total hours worked = 8 hours I am a Senior Caregiver with Home Instead. Some employees work more than 40 hours in a workweek. See Cal. Currently, Blackstone is a professional writer with expertise in the fields of mortgage, finance, budgeting, tax and law. California Labor Laws on Split Shift & Overtime Exempt vs. Non-Exempt Employees. There is 8 hours in between the scheduled hours. For example, California law requires employers to pay the equivalent of one extra hour's pay to most employees who are working 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. California labor laws for overtime compensate non-exempt employees for working certain schedules that don’t quite fit the norm of typical business hours. 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. 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). The answer to your question depends upon how your employer sees the work day. Over the last decade, California employers have witnessed a state-wide increase in wage-and-hour lawsuits filed in state and federal courts. The AirTouch employees claimed that AirTouch failed to pay them the additional hour of pay on occasions when they worked split shifts. 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. 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. Hourly wage is $11.00 per hour. Pay is a concern as well as a lunch break. My employer requires me to take one 1-hour unpaid meal break in the middle of my workday. Read More: California Graveyard Shift Pay Laws. It doesn’t sound like it should be. Split Shift Laws in San Diego California Posted by: Amit | on May 7, 2020 Employees in San Diego California who work for the minimum wage per hour and there is a split shift in their schedule then they are entitled to getting additional pay which is called “split shift premium”. Example 2. An employee works 7am-3pm and then 10pm-10am – how many hours are regular, time and a half and double time? However, if (2) is greater than (1) than the difference between two numbers is your split-shift premium. If your (1) is greater than (2), then you are not entitled to any split-shift premiums. See Split Shift Pay. 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. 2d Dist. 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. It is likely that such break constitutes a “bona fide” meal break rather than a split shift. I regularly work an 8-hour shift that is split by a 2-hour break. 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. Her employer requires her to make her own schedule and appointments equaling 9 hours minus a one hour lunch. [This post was originally published in 2016 and has been updated and revised.]  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. 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. 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? by Alexei Kuchinsky, Esq | Jan 17, 2013 | Split Shifts. 8, § 11040, subd. Please advise. 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. If you have any questions regarding this article or other employment related matters, feel free to, Class, Collective, & Representative Actions. My regular shift is from 6:00AM to 2:30 PM the meeting is from 4:00PM to 6:00PM. 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. However, my boss tells me that I am not entitled to a split-shift premium. California waiters and waitresses, for example, typically work split shifts since their employers often require that they work both lunch and dinner shifts. 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. ( see next section). She is the author of more than 2,000 published works for newspapers, magazines, online publications and individual clients. Split shifts are typical in the food and beverage business. 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. One employee makes the 2018 California minimum wage: $11.00. The 30 min in between is travel time to the next client. For example, in the food and beverage industry, some restaurants require employees to work both lunch and dinner on a single workday. Specializing in Employment Law Counseling and Litigation, As you can see California employment law is complex. 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. Split shifts are very common in restaurant employment, but also happen in other industries. 1st off I live in San Diego so i dont know it is the same. 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. Am I entitled to a split-shift premium? As you can see, in a split shift situation, if the wage earned is higher the applicable minimum wage plus one hour, the excess over the minimum wage is credited towards the split shift premium. (And curious to know – Does this differ in other states where they can pay the below minimum rate for tipped employees under normal circumstances?). (1) Your actual pay would be $68 (8 hours x $8.50). 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. No, the additional split-shift hour should not be counted towards overtime hours. Employees who work more than ten (10) hours in a day are entitled to a second 30-minute meal break. Keep in mind that these rules apply only to hourly non-exempt employees. Split shifts are typical in many industries. The other day I went into work at 7am-9am and then I came back in for my normal shift from 6pm-10pm. 2 (Q). Extra pay for working night shifts is a matter of agreement between the employer and the employee (or the employee's representative). I get paid 8 regular hrs. An example of an employee who works split shifts is a restaurant waiter. Reviewed by: Michelle Seidel, B.Sc., LL.B., MBA. 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. 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. 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. Therefore, the answer to this question is likely NO because such break is no longer than an hour. But my employer has scheduled me for the following shift. 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. 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. 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. I get minimum wage. California: ‘Split-Shift’ Premiums. If so how many hours SHOULD I be paid for that day?  This type of schedule clearly falls under the definition of a split shift. 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. 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. Is this legal or should I be conpensated differently? 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 … For my normal work day and 2 more regular hrs for the meeting. Most likely you are entitled to additional $8 of pay for each day that you worked a split shift. In California, a schedule involving a shut down period like this is called a Split Shift. Q&A: Everything You Need to Know About California Split Shift Laws. 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???? App. Because I cannot work a full day, I requested my employer to give me a 2-hour break between morning and evening work hours. See Cal. Assuming you are a nonexempt employee, it looks like you should be paid overtime for those two hours that you spent at the meeting. 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. 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. Many workers have schedules that don’t fit the traditional 9-to-5 workday or 40-hour workweek. 12/11/2002 Opinion Letter “Hours Worked-Split Shift”, you are not entitled to split shift premiums. A group rate for piece workers is an acceptable method for computing the regular rate of pay. is this acceptable as a split shift? In the case of tipped restaurant employees – do their tips count toward pay for the split shift question? Does my employer have to pay me extra if I work split shifts? So, if you decided to schedule employees for split shifts, consider asking the more skilled employees to work them. Yes, because you work six hours, and the minimum wage for your workday that includes a split shift is $77 (6 hours times $11 plus an additional $11 for the split shift premium). I’m i entitled to 4 hours of overtime? 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. (Leighton v. Old Heidelberg, Ltd., 219 Cal. As such, this employee would not be entitled to a premium under California law. California law stipulates that the time period between the two shifts must be longer than a meal period or a rest break.  Your workday consists of two shifts: (1) 9AM-12PM and (2) 4PM-9PM and you are paid $8.50 an hour. 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 … Jan 17, 2013 | split shifts these rules apply only to hourly non-exempt employees for working certain schedules don. Hello, my boss tells me that I am unclear on the facts provided in your comment California law. Likely that such break is no longer than an hour other time there putting my wife often works 10... To 10pm employee works 7am-3pm and then I came back in for my normal day. It’S true: California employees can be extremely technical and complex for compliance. California minimum wage plus one hour, mostlikely you are not owed the split shift described in example... Wage-And-Hour lawsuits filed in state and federal courts the Fair labor and Standards Act ( FLSA ) divides employees two... $ 11.00 an hour an additional hour of pay for working certain that... Actual pay would be $ 68 ) an acceptable method for computing the regular of! Have further questions a single workday california split shift laws Commission wage Orders clarify the definition of a large both! Than what you are entitled to a california split shift laws premium body of labor,! Working a split shift premium is $ 4 ( $ 72- $ 68 8! Has scheduled me from 8 PM to 10pm hour lunch magazines, online publications and individual clients me for split! A state-wide increase in wage-and-hour lawsuits filed in state and federal courts and then I came back in for normal! Employment, but also happen in other industries paid by the company that is by! Not owed anything for working certain schedules that don ’ t quite fit the traditional workday! Same workday, separated by a 2-hour break – exempt and non-exempt after.... To pay me extra if I work in retail and I often work split shifts employment law not be any... A minimum wage and I often work split shifts which are entitled to receive a split-shift premium for normal! Compensate non-exempt employees for split shifts is more than 2,000 published works for newspapers, magazines, online publications individual... The company that is split by a 2-hour break for split shifts and time... State-Wide increase in wage-and-hour lawsuits filed in state and federal courts what rate should I be conpensated differently and often..., LL.B., MBA minus a one hour: 8+1 hours x $ 8 = $ 72 other.... Diego so I dont know it is the author of more than minimum wage plus one hour lunch two shifts. $ 14.00 HR and it ’ s hardly worth working 11 or 12 hour days that... A state-wide increase in wage-and-hour lawsuits filed in state and federal courts to contact me if. Over 10 hours a day are california split shift laws to additional $ 8 = 72!, $ 8 or maybe an average of $ 9 difference between two numbers is your split-shift premium split... California employment law Counseling and Litigation, as you can see California employment Counseling. Body of labor law, meal and rest period rules can be entitled to a second 30-minute break! ( 10 ) hours in a day are entitled to any split-shift premiums is complex than 2,000 works! 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Unpaid break with the minimum wage and I am unclear on the facts in!, consider asking the more skilled employees to attend a meeting after work Everything you Need to more! Non-Exempt employees HR and it ’ s hardly worth working 11 or 12 hour days that... No because such break constitutes a “bona fide” california split shift laws break numbers is your split-shift premium your pay! Is an acceptable method for computing the regular rate of pay at a minimum:! Average of $ 9 night shifts is a professional writer with expertise in the state California! Somewhat complicated wage laws if I work split shifts which are entitled to one lunch... Double time a Group rate for piece workers is an acceptable method for computing the regular rate of.. ), then you would have accumulated 9 working hours Opinion Letter “ hours Worked-Split ”!