Am I entitled to a split-shift premium? Is this a split shift? Your split shift premium is $4 ($72-$68).  Now let’s compare this number with the minimum wage plus one hour: 8+1 hours x $8 = $72. If so how many hours SHOULD I be paid for that day? 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. California Industrial Welfare Commission Wage Orders clarify the definition of split shifts which are entitled to split shift premium pay. The answer to your question depends upon how your employer sees the work day. My regular shift is from 6:00AM to 2:30 PM the meeting is from 4:00PM to 6:00PM. Assuming you are a nonexempt employee, it looks like you should be paid overtime for those two hours that you spent at the meeting. See Cal. I get paid 8 regular hrs. Split shifts are very common in restaurant employment, but also happen in other industries. Code Regs., tit. Often these late appointments cannot be schedule any other time there putting my wife in a difficult situation. As such, this employee would not be entitled to a premium under California law. BTW I make over $30/hr. 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. Â. Most likely you are entitled to additional $8 of pay for each day that you worked a split shift. Split shifts are typical in the food and beverage business. However, if (2) is greater than (1) than the difference between two numbers is your split-shift premium. See Standard Deductions: Taxes. 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. Reviewed by: Michelle Seidel, B.Sc., LL.B., MBA. 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, 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. This one time I worked in one day from 7am-3pm then I got called to work from 11pm – 3am(next calendar date) . 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. . How should I calculate the split shift fee? is this acceptable as a split shift? 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. 1990)). 2 (Q). Here, we highlight two common instances: split shifts and reporting time. Keep in mind that these rules apply only to hourly non-exempt employees. Because you make $30 per hour, mostlikely you are not entitled to split-shift premiums. Is this a split shift??? Suppose that two employees of a large employer both work the split shift described in our example. Please advise. The Fair Labor Standards Act (FLSA) does not require extra pay for night work. I am a restaurant owner. The AirTouch employees claimed that AirTouch failed to pay them the additional hour of pay on occasions when they worked split shifts. 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 work in retail and I am unclear on the labor laws in this type of industry. So, if you decided to schedule employees for split shifts, consider asking the more skilled employees to work them. Q&A: Everything You Need to Know About California Split Shift Laws. There is 8 hours in between the scheduled 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. Servers get paid minimum wage by the company but make more per hour because of tips. Because I cannot work a full day, I requested my employer to give me a 2-hour break between morning and evening work hours. 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). For example, New York requires an additional hour of pay for employees who work split shifts. 2 (Q). 8, § 11040, subd. 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. 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. 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. 9-1pm, 1:30-4:30pm, 5-7pm in the same day. A group rate for piece workers is an acceptable method for computing the regular rate of pay. It depends on your hourly rate. 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. In California, a schedule involving a shut down period like this is called a Split Shift. California law stipulates that the time period between the two shifts must be longer than a meal period or a rest break. 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. Hello, my wife often works over 10 hours a day with no extra compensation. The other employee’s wage is $13.00. HRCalifornia was created by CalChamber to help members easily navigate and comply with California’s complex world of employment law. To give you a complete answer I would need to know more information. Is this legal? Code Regs., tit. Because your actual pay is equal to the minimum wage plus one hour, you are not owed anything for working a split shift. Thank you. 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? Many workers have schedules that don’t fit the traditional 9-to-5 workday or 40-hour workweek. Employees who work more than ten (10) hours in a day are entitled to a second 30-minute meal break. I’m i entitled to 4 hours of overtime? 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. 2d Dist. 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.  Your workday consists of two shifts: (1) 9AM-12PM and (2) 4PM-9PM and you are paid $9 an hour.  This type of schedule clearly falls under the definition of a split shift. See Split Shift Pay. If your (1) is greater than (2), then you are not entitled to any split-shift premiums. Is he correct? Certain states may, however, require split shift pay in these instances. California Split Shifts. 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. 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