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8, § 11040, subd. California: ‘Split-Shift’ Premiums. Is this legal or should I be conpensated differently?  Your workday consists of two shifts: (1) 9AM-12PM and (2) 4PM-9PM and you are paid $9 an hour. 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. My hourly rate is more than minimum wage and I often work split shifts. 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. Here, we highlight two common instances: split shifts and reporting time. However, my boss tells me that I am not entitled to a split-shift premium. Employees who voluntary pick up a secondary shift, are not owed the split shift premium. 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. 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.  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. 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. If you are only paid $72 (6 hours times $12), you are due $5 ($77 - $72 = $5) differential for working a split shift. But my employer has scheduled me for the following shift. 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. 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. 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). Hello, my wife often works over 10 hours a day with no extra compensation. This one time I worked in one day from 7am-3pm then I got called to work from 11pm – 3am(next calendar date) . 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. 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. App. 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 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. I get paid 8 regular hrs. See Standard Deductions: Taxes. (Leighton v. Old Heidelberg, Ltd., 219 Cal. When it comes to California labor law, meal and rest period rules can be extremely technical and complex for HR compliance. If your (1) is greater than (2), then you are not entitled to any split-shift premiums. The Social Security wage base limit for 2019 increased to $132,900. Among the most difficult, from a tracking perspective, are the so-called "missed meal penalty" and the "split-shift premium" rules. Because your actual pay is equal to the minimum wage plus one hour, you are not owed anything for working a split shift. (1) Your actual pay would be $72 (8 hours x $72). Hourly wage is $11.00 per 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 See Cal. ), However, if you earn more than minimum wage, it is likely that you are not entitled to a split shift premium, or only partially. How should I calculate the split shift fee? 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???? 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. I get minimum wage. See Split Shift Pay. California Labor Laws on Split Shift & Overtime Exempt vs. Non-Exempt Employees. There is 8 hours in between the scheduled hours. However, if (2) is greater than (1) than the difference between two numbers is your split-shift premium. In the case of tipped restaurant employees – do their tips count toward pay for the split shift question? 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. 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. 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. [This post was originally published in 2016 and has been updated and revised.] 1990)). An example of an employee who works split shifts is a restaurant waiter. 8, § 11040, subd. If you have any questions regarding this article or other employment related matters, feel free to, Class, Collective, & Representative Actions. 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. 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. 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. Copyright 2020 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. If the work day runs from 12 AM until 11:59 PM, then you would have accumulated 9 working hours. See Cal. Code Regs., tit. California law stipulates that the time period between the two shifts must be longer than a meal period or a rest break. The answer to your question depends upon how your employer sees the work day. Many workers have schedules that don’t fit the traditional 9-to-5 workday or 40-hour workweek. 9-1pm, 1:30-4:30pm, 5-7pm in the same day. Specializing in Employment Law Counseling and Litigation, As you can see California employment law is complex. 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. Code Regs., tit. 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”. Your split shift premium is $4 ($72-$68). ( see next section). Depending on their hourly wage, an employee may be entitled to additional compensation if they have to work a Split Shift. Yes, it is a split shift and you are entitled to one additional hour of pay at a minimum wage rate. As such, this employee would not be entitled to a premium under California law. These two separate shifts on the same workday, separated by a span of time, is called a split shift. Read More: California Graveyard Shift Pay Laws. Split shift premiums do not impact or affect overtime pay. 1st off I live in San Diego so i dont know it is the same. In California, a schedule involving a shut down period like this is called a Split Shift. Does my employer have to pay me extra if I work split shifts? What Is A Split-Shift? Employees who work more than ten (10) hours in a day are entitled to a second 30-minute meal break. What rate should I use towards the calculations, $10, $8 or maybe an average of $9? Because you make $30 per hour, mostlikely you are not entitled to split-shift premiums. Reviewed by: Michelle Seidel, B.Sc., LL.B., MBA. 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. Split shifts are typical in the food and beverage business. 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. 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. 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). 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. BTW I make over $30/hr. 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.) Broadly speaking, hourly employees are classified as non-exempt, and salaried employees are classified as exempt. 3d 1062 (Cal. For example, in the food and beverage industry, some restaurants require employees to work both lunch and dinner on a single workday. We use plain language to provide a better understanding of how the ever-changing employment and labor laws impact your business. California Split Shifts. California Industrial Welfare Commission Wage Orders clarify the definition of split shifts which are entitled to split shift premium pay. 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.”. by Alexei Kuchinsky, Esq | Jan 17, 2013 | Split Shifts. California labor laws for overtime compensate non-exempt employees for working certain schedules that don’t quite fit the norm of typical business hours. Â. If so how many hours SHOULD I be paid for that day? work 2nd shift from 11:30am to 2pm; second break from 2pm to 4:30pm Split shifts are very common in restaurant employment, but also happen in other industries. Split shifts are typical in many industries. My regular shift is from 6:00AM to 2:30 PM the meeting is from 4:00PM to 6:00PM. Is this legal? I regularly work an 8-hour shift that is split by a 2-hour break. 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. 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. For example, New York requires an additional hour of pay for employees who work split shifts. One employee makes the 2018 California minimum wage: $11.00. Therefore, the answer to this question is likely NO because such break is no longer than an hour. 2 (Q). The Fair Labor and Standards Act (FLSA) divides employees into two pay categories –... California Non-Exempt Employee Hours. 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. Pay is a concern as well as a lunch break. The 30 min in between is travel time to the next client. 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. For my normal work day and 2 more regular hrs for the meeting. Seyfarth Synopsis: Yes, it’s true: California employees can be entitled to pay for time they haven’t worked. No, the additional split-shift hour should not be counted towards 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. The Fair Labor Standards Act (FLSA) does not require extra pay for night work. Certain states may, however, require split shift pay in these instances. She only makes $14.00 hr and it’s hardly worth working 11 or 12 hour days at that rate. A group rate for piece workers is an acceptable method for computing the regular rate of pay. To ensure HR compliance with the growing and changing body of labor law, California employers should adopt carefully worded break policies. App. However, because business hours during the afternoon are slow, the employees are required to take an unpaid break. 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. It doesn’t sound like it should be. I am a Senior Caregiver with Home Instead. 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. Example 2. 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. The employer may decide that such downtime between lunch and dinner shifts will be considered non-paid, non-working hours. 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. Often these late appointments cannot be schedule any other time there putting my wife in a difficult situation. is this acceptable as a split shift?  Now let’s compare this number with the minimum wage plus one hour: 8+1 hours x $8 = $72. Currently, Blackstone is a professional writer with expertise in the fields of mortgage, finance, budgeting, tax and law.

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