Attorney advertisement by Edwin Aiwazian of Lawyers for Justice, PC, headquartered at 410 Arden Avenue, Glendale, CA 91203
California employment law is known for its comprehensive laws that provide protections for workers, including specific regulations related to working hours and pay. One such regulation is the split shift pay premium, designed to ensure fair compensation for employees who work split shifts. Understanding the nuances of split shift pay and the rules surrounding it is essential for both employers and employees in California.
What is a Split Shift?
A split shift is when an employee’s work schedule is divided into two or more distinct periods on the same workday, and they are separated by a break of more than one hour that is not a rest or meal period. For instance, an employee might work from 8:00 AM to 12:00 PM, have a break from 12:00 PM to 4:00 PM, and then return to work from 4:00 PM to 8:00 PM. This type of schedule can be common in industries like hospitality, retail, and food service, where business needs fluctuate throughout the day.
What is Split Shift Premium Pay?
Split shift pay is an additional wage premium that employers in California must pay employees who work a split shift schedule. The purpose of a split shift premium is to compensate employees for the inconvenience and potential extra costs (such as transportation) associated with returning to work after a long break.
Split Shift Payment Calculation
The split shift pay premium is calculated based on the state minimum wage. Under California law, if an employee’s total daily earnings do not equal or exceed the minimum wage for all hours worked, plus one additional hour at the minimum wage rate, the employer must pay the difference as a split shift premium.
Example:
Let’s say the minimum wage is $15 per hour, and an employee works two shifts in a day, 8:00 AM to 12:00 PM and 4:00 PM to 8:00 PM, totaling eight hours. Let’s also say the employee’s pay rate is $16 per hour.
- Total earnings for the day: 8 hours x $16/hour = $128.
- Minimum wage for 8 hours: 8 hours x $15/hour = $120.
- Additional hour at minimum wage for split shift premium: $15.
In this case, the employee’s total earnings ($128) exceed the minimum wage for 8 hours, plus the additional hour ($120 + $15 = $135), so no split shift premium is required. However, if the employee were paid less than $16 per hour, the employer might owe a split shift premium to meet the $135 threshold.
Split Shift Rules in California
California has specific rules governing split shifts to ensure fair treatment of workers. These rules are designed to protect employees from being underpaid when working split shift schedules and to ensure that employers fairly compensate them for their time.
1. Minimum Wage Requirement
Employers must ensure that employees are paid at least the state or local minimum wage for all hours worked, including any additional hour required for split shift pay. If an employee’s total earnings do not meet this requirement, the employer must pay the difference as a split shift premium.
2. One Hour Premium Pay
If an employee works a split shift and their total daily earnings do not exceed the minimum wage for the hours worked, plus one additional hour at the minimum wage rate, the employer must pay the difference as a premium. This additional hour of pay is not required if the employee’s total earnings for the day already meet or exceed the required amount.
3. Overtime and Split Shifts
If an employee works overtime on a split shift, they are entitled to overtime pay in addition to any split shift premium owed. Overtime in California is generally paid at 1.5 times the employee’s regular rate for hours worked over eight in a day or 40 in a week, and at double the regular rate for hours worked over 12 in a day.
4. Local Minimum Wage Ordinances
In addition to state law, many cities and counties in California have their own minimum wage ordinances that may affect split shift pay. Employers must ensure compliance with the highest applicable minimum wage when calculating split shift premiums. For example, if a city has a higher minimum wage than the state minimum, the employer must use the city’s minimum wage to determine the split shift premium.
Split Shifts and California Law
Employers in California must be diligent in complying with split shift pay regulations to avoid potential legal disputes and penalties.
1. Accurate Record-Keeping
Employees should maintain accurate records of all hours worked, including the start and end times of each shift. This documentation is essential for calculating split shift premiums correctly and for defending against any potential wage claims. If an employer tries to improperly pay you, you can have proof.
2. Clear Communication
Employers should clearly communicate work schedules and any applicable split shift pay to employees. Employees can ask for written documentation of their schedules and pay, which can help prevent misunderstandings and disputes.
3. Be Familiar with Local Wage Rules
Employees should stay informed about local minimum wage ordinances that may affect split shift pay calculations. In areas with higher minimum wages, employees should be paid split shift premiums based on the higher rate.
4. Consult Legal Counsel
If employees feel like they have been improperly paid, they should consult with the employment attorneys at Lawyers for Justice, PC so they can have a strong advocate on their behalf.
Split Shift Premium – FAQ
how many hours are required between shifts? In California, there is not a mandated minimum time between shifts according, but it is usually longer than a meal period. Employers are typically not legally required to provide a specific amount of time between shifts.
what is a split shift schedule? A split shift is a work schedule that is interrupted by a non-paid and non-working time break period, usually established by an employer. The time period between shifts usually should be longer than a meal period, and needs to be within the same workday.
what is split shift work? Split shift work is a schedule that divides employees’ workdays into two or more shifts as an alternative to typical 9-to-5 or rotating shift schedules.
is shift differential required by law in california? However, shift differential pay is not mandated by law in California, as detailed by the California Department of Human Resources.
can you work two shifts in one day? In a split shift schedule, yes.
