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