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. Often these late appointments cannot be schedule any other time there putting my wife in a difficult situation. 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.  This type of schedule clearly falls under the definition of a split shift. Keep in mind that these rules apply only to hourly non-exempt employees. For my normal work day and 2 more regular hrs for the meeting. California labor laws for overtime compensate non-exempt employees for working certain schedules that don’t quite fit the norm of typical business hours. . California Split Shifts. Over the last decade, California employers have witnessed a state-wide increase in wage-and-hour lawsuits filed in state and federal courts. 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. I’m i entitled to 4 hours of overtime? There is 8 hours in between the scheduled hours. Therefore, the answer to this question is likely NO because such break is no longer than an hour. No. Example 3. One employee makes the 2018 California minimum wage: $11.00. However, if (2) is greater than (1) than the difference between two numbers is your split-shift premium. As such, this employee would not be entitled to a premium under California law. The answer to your question depends upon how your employer sees the work day. 1st off I live in San Diego so i dont know it is the same. If you have any questions regarding this article or other employment related matters, feel free to, Class, Collective, & Representative Actions. In the case of tipped restaurant employees – do their tips count toward pay for the split shift question? I get minimum wage. Â. (And curious to know – Does this differ in other states where they can pay the below minimum rate for tipped employees under normal circumstances?). Yes, it is a split shift and you are entitled to one additional hour of pay at a minimum wage rate. Split shifts are very common in restaurant employment, but also happen in other industries. 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. In this example, your actual pay is lower than what you are entitled to under the split-shift rule. Does my employer have to pay me extra if I work split shifts? 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. 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. I work in construccion, my employer requires me and all employees to attend a meeting after work. 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. 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. 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. Certain states may, however, require split shift pay in these instances. 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. Is complying with somewhat complicated wage laws than ten ( california split shift laws ) in. Rules apply only to hourly non-exempt employees certain states may, however, if ( 2 ) is greater (... 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