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Thread: Overtime pay for a split shift?

  1. #1
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    Default Overtime pay for a split shift?

    I work for a pizza company here in CA. Lately they have let several people go and not hired new employees to pick up the slack. Now they are scheduling us for "split-shifts" and not paying overtime. Here is an example:

    Friday They have me working from 10am-4p.m. (6 hours) They then force me to clock out for an hour and then clock back in to work from 5p.m-9p.m (4 hours for a total of 10 hours). This is not my choice and they say that because it is a "split shift" I'm not intitled to 2 hours of overtime pay. Is this legal in California? From everything I've read any work over 8 hours in a workday is considered overtime and is payed 1 1/2 times regular pay. We also are not given a 10 minute break or a 30 min lunch seeing as we have this "hour" break in between the shifts.


    Thank you.

  2. #2
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    You are sort of mixing apples and oranges. Overtime and split shifts are legally unrelated things in CA (and everywhere else for that matter).
    - For overtime only, your starting point is that workweek. You need to find out what your company has defined their workweek as. The default in CA ends at Sunday midnight, but companies can (and do) legally use a different workweek. The workweek is legally unrelated to shifts and schedules. In CA, the workday is defined by the workweek. If the workweek ends Sunday midnight, then the workday also ends at midnight. The daily overtime is determined by counting hours actually worked during the workday. Assuming your company's workday actually ends at midnight, and I do not know that as a fact, then I agree with you that you have 10 hours worked in the example and that the daily overtime rules should apply.
    http://www.dir.ca.gov/dlse/FAQ_Overtime.htm
    - Completely unrelated to overtime, CA is one of the very few states (possibly the only state) with split shift rules. I will include a quote from the only reference I know about it. While this is a good rule that can be found in the Wage Orders (industry specific regulations), CA-DLSE in their wisdom has chosen to not explain the rule, and I for one know nothing other then the citation. You could try contacting CA-DLSE directly for more information. What you describe does not sound like a split shift at all, but rather just like a one hour unpaid lunch (perfectly legal).

    http://www.dir.ca.gov/dlse/FAQ_MealPeriods.htm
    4. Minimum Wages ...

    (C) When an employee works a split shift, one hourís pay at the minimum wage shall be paid in addition to the minimum wage for that workday, except when the employee resides at the place of employment.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

  3. #3
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    And punching out for one hour does not make it a split shift...I call that a lunch/meal break.

  4. #4
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    Quote Originally Posted by christamcd View Post
    And punching out for one hour does not make it a split shift...I call that a lunch/meal break.
    I call it a meal break, too. Isn't there something about a split shift requiring at least two hours between work periods?
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    Quote Originally Posted by Pattymd View Post
    I call it a meal break, too. Isn't there something about a split shift requiring at least two hours between work periods?
    Actually anything over one hour can be called a split shift...So if an employees is required to punch out for 65 mins technically that is a split shift.

  6. #6
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    Quote Originally Posted by christamcd View Post
    Actually anything over one hour can be called a split shift...So if an employees is required to punch out for 65 mins technically that is a split shift.
    Oh, for heaven's sake.
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  7. #7
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    This does not appear to be a "split shift" and, rather, a long meal period. The long break is legal, but you should be receiving daily overtime for anything over 8 hours.

  8. #8
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    Christa is correct that a split shift occurs if a meal period exceeds 60 minutes in length. The labor commissioner considers a bona fide meal period to be one that does not last longer than one hour. It does not sound as if this person's situation is a split shift.

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