Split Shift Pay Laws In California
According to California law, a split shift is defined as “paid working periods separated by non-working periods and unpaid time in the same workday” – such shifts are initiated by employers. However, meal and rest breaks are not part of split shifts. For instance, an employee who works from 7 a.m. to 12 p.m., breaks for 3 hours, then resumes for the afternoon shift can be considered to have worked on a split shift.
Employees who work split shifts are entitled to additional pay for that workday. Also, the split shift California law states that a continuous split shift cannot start on one workday and end on the next day. For example, an employee who works from 8 a.m. to 4 p.m., and takes a regular meal break, can’t be considered to have worked a split shift. Both workers and employers in California need to understand the provisions of the split shift law. Split Shift Law in California
Many employees in California don’t have 9-to-5 jobs or 40-hour per week jobs. Some employees work over 40 hours in a week while others’ work schedules include split shifts– paid working periods separated by non-working periods and unpaid time in the same workday. California overtime laws allow non-exempt employees to be compensated for OT work. In other words, non-exempt employees should be compensated for overtime work – OT. Exempt vs. Non-Exempt Employees
The Fair Labor and Standards Act (FLSA) categorizes employees into two– exempt and non-exempt.
Hourly workers are considered non-exempt while salaried workers are considered exempt. “Exempt” simply means a worker is exempt from receiving the minimum wage and overtime pay.
On the other hand, non-exempt employees are not only entitled to the minimum wage but also overtime pay for working over 40 hours in a workweek. Also, non-exempt employees who work a split shift are entitled to a split-shift premium. California Non-Exempt Employee Hours
Non-exempt employees in California can either be over 18 years old or minors aged 16 or 17 years who are legally allowed to skip school and not prohibited to work. Non-exempt employers are prohibited from subjecting non-exempt workers to overtime work without pay. Split Shift in California A split shift simply refers to two or more shifts in a workday, separated by a non-working period. The non-working periods between shifts are typically longer than meal and rest breaks. However, split shift premiums do not impact OT pay. Split Shift California Premium
California split shift workers are entitled to premium pay, an hourly pay based on the minimum wage rate. As of 2021, California’s minimum hourly wage rate for companies with 25 or fewer employees was $13, and $14 for companies with 26 or more employees. Split shifts typically benefit employers and employees can’t work such schedules whenever they feel like it. The split-shift premium should be itemized as a separate entry, distinguished from wages, and labeled as “Split Shift Premium” on the payslip.
California Graveyard Shift Pay Laws Working late-hour shifts is associated with health risks, such as Type 2 diabetes and insomnia. Despite such consequences, over 15 million Americans with permanent jobs work extra shifts, such as graveyard shifts– a shift that typically runs from midnight to 8 a.m. People work graveyard shifts for different reasons, including preference, lack of alternatives, or the high pay rate. Having said that, it’s important to understand California’s laws about such shifts. Night Shift Pay in California Night shifts attract a higher pay than day shifts–the pay difference between the two shits is known as a pay differential. Suppose a restaurant pays night shift workers $20 more than day shift workers. The additional $20 will be the differential pay. A pay differential is usually given for the following reasons: Recognizing unusual talents, competencies, and skills; Rewarding employees for working beyond the scope of their employment contracts; or
When workers are subjected to unusual working conditions. The terms of pay differentials are arrived at through collective bargaining or can result from classification proposals. Technically, pay differentials are given to workers on humanitarian grounds because there’s no law for such rewards in California. Furthermore, increasing night shift pay is not mandatory as per the Federal Statutes. However, state and federal laws on overtime and split shifts can sometimes impact graveyard shift workers’ pay. Overtime Pay Laws California’s nonexempt employees are entitled to OT pay for working over 8 or 40 hours per day or week, respectively. Overtime pay should be 1.5 times the regular hourly pay rate of an employee. However, some employees are exempt from the provisions of the overtime laws in California. Non-exempt employees should be paid at double their hourly wage rate for work done after 12 hours in a workday.
Understanding the split shift laws in California is the first step to protecting your interests as an employee. If legal help is needed always contact a legal professional for assistance.
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