PDA

View Full Version : Split shift California


smilesarecontagious2
01-22-2009, 12:30 PM
Hi all!

I work in the childcare industry as a director of a childcare. I am scheduled a split shift each day of the week... M-TH 6:30-10:30 am and 2-6 pm and F 6:30-8:30 am and 12-6 pm, and my employer has always said the break in between is our "lunch", which is great, but I have done some reading regarding split shifts in California, but do not understand fully. Do I understand that I am entitled to (one) hour at minimum wage for each day I am scheduled a split shift or is this only for certain industries? If so, how do I get it? I have been in this position since August of 2007. Please help! Thanks!

Pattymd
01-22-2009, 12:50 PM
You're talking like a nonexempt employee. A director theoretically should meet the criteria for exempt status, in which case "split shifts" would have no paycheck meaning. Are you, in fact, exempt or nonexempt?

BTW, it would have been helpful if you kept all your questions in one thread. For example, there was information in this thread that it would have been helpful to know when I just responded to one other of your questions.

smilesarecontagious2
01-22-2009, 01:09 PM
Got it, will do next time. Thanks!

I did forget to clarify, I am non-exempt and am paid hourly. Oops!

Pattymd
01-23-2009, 04:43 AM
I'm not sure many people are clear (including the DLSE) where the "bright line" between an extended meal period and a split shift exists.

I'm going to recommend you file a claim for the one hour penalty wage for each day this occurred with the DLSE; it either works or it doesn't, but at least then you'll have their answer.

CAOvertimelawyer
01-23-2009, 07:16 AM
Got it, will do next time. Thanks!

I did forget to clarify, I am non-exempt and am paid hourly. Oops! titles are not dispositive when it comes to determining exempt or non exempt status. The duties you actually performed are weighed heavily among other factors.

Pattymd
01-23-2009, 08:27 AM
We know that. But even if you, OP, DID meet the criteria for exempt status, since you are being paid on an hourly basis, with overtime (I'm assuming) the employer is treating you as nonexempt, which they may certainly legally do.

California Labor Law Posters
Comply with California regulations with one Complete California Labor Law Poster.
Trusted with customer satisfication.
Call (800) 745-9970 or shop online at www.LaborLawCenter.com.