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  • California Split Shift California

    I am not sure if this actually qualifies as a split shift per the CA labor code. I couldn't find anything addressing this specific issue. We have an employee that work his regular 8 hour shift. The department that he works in had an emergency and the supervisor was calling employees to see if they could come in and work additional hours. Since this wasn't a scheduled split shift and the employee voluntarily chose to work the additional hours, is it still subject to the additional hour required for employees scheduled for a split shift?

    As always, thanks for any assistance.

  • #2
    No idea. I have seriously researched this one and come up with basically nothing useful. CA has industry specific regulations called Wage Orders issued by CA-DIR. Most of those WO if you look in the fine print in the minimum wage section have a one line mention of split shift. The CA-DLSE in it's wisdom does not mention split shifts. The CA-DLSE factsheets do not mention split shifts. The labor code does not mention split shifts. The one vaugely official guidance I have seen indicates that a 1 hour lunch does not create a split shift. This was in a published opinion letter and was remarkly unclear in stating anything resembling an actual discussion of the rule. I have seen people who claim based on that one opinion letter, then 1.5 hours must be the trigger point for the split shift. Maybe. It is a good theory, unsupported by any actual facts. I have no better theory, and CA-DLSE is apparently under a vow of silence on this subject. Not the first time for them.

    My recommendation for what very little it is worth, is if you have a non-exempt employee in CA and you have a break in the workday of 90 minutes or longer, pay the one hour at minimum wage. This is not hours worked, but does count towards the RRP calcuation for overtime under IRS rules and maybe also under CA.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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