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California - split shift?

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  • California - split shift?

    Hello - I have a quick question regarding an upcoming shift that I am a bit confused about.

    I am an assistant manager at a retail store, and I will be working a shift that requires me to come to work from 9:30am to 4:30pm, then return at 7:00pm for about 10 minutes to close the store.

    After trying to decipher what constitutes a split shift and what, exactly, a "split shift differential" is, I'm a bit confused. My questions are:

    1. Will I only be paid for the 10 minutes it takes me to close the store at 7:00pm? I'm a little miffed that I have to drive 30 minutes in each direction just for a 10-minute closing procedure.

    2. Will I be paid regular pay, or does the split shift differential apply?

    3. How, exactly, is the split shift differential computed?

    Thank you in advance.

  • #2
    Assuming you are a nonexempt (basically, hourly-paid) employee:

    1. Generally speaking, you must be paid at least 1/2 of your regularly scheduled shift (minimum of 2 hours, maximum of 4) if you report to work as scheduled and are not provided with your full shift. However, there MAY be an exception to this under the circumstances you describe.

    2. The employer is not required to pay you any additional pay for the hours worked on your split shift. Are you talking about the one hour's pay for the fact that you HAVE a split shift?

    3. Therefore, I don't think this question applies.

    Hopefully, our California employment law gurus will be around shortly and can confirm (or deny) what I've provided here. Michael, Megan?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

    Comment


    • #3
      Assuming you are non-exempt, the second time you report to work in the same work day, you must be paid 2 hours only. (Pattmd is talking about the first time you report in to work in a day, which has different requirements) You don't get overtime for the hours not actually worked, though.

      If you are exempt, you get nothing.
      Megan E. Ross, Esq.
      Law Offices of Michael Tracy
      http://www.gotovertime.com

      Disclaimer: The above response is a general statement of the law and should not be relied upon as legal advice. It only assumes the facts that are stated in the message. The above response does not serve to form an attorney-client relationship.

      Comment


      • #4
        Right, I am a non-exempt employee.

        So, if I am putting everything together correctly: I'll be paid my regular pay for the 9:30am to 4:30pm shift, as expected. No split-shift differential will apply. Then, upon returning at 7:00pm to close the store, I would be paid for 2 hours of work. Again, no split-shift differential will apply and because I don't actually work those full two hours, no overtime would apply if my pay were to go above 8 hours for the entire day.

        Thanks again for the responses.

        Comment


        • #5
          That's correct. And that was the exception I thought might apply, Megan, thanks.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

          Comment


          • #6
            There are really two issues here, and they tend to get confused.

            Reporting time pay is when you report to work. You get a minimum number of hours for just showing up. The law as posted above is correct on this issue.

            The second issue is split-shift pay. You only get this if you are scheduled to work two shifts. That is, if your boss calls you into work after you have already left, you get the reporting time pay, but not the split-shift. However, in this case, you are scheduled to work two shifts, so you get both the reporting time pay and the split-shift pay. The split-shift pay is 1 hour at minimum wage. Thus, it is probably not nearly as much as the reporting time pay, but you would be entitled to that as well.

            To recap, you get paid for all work from 9:30-4:30pm. You then get $6.75 split-shift pay and 2 hours pay for the 10 minutes of work.
            Michael Tracy
            Attorney
            http://www.laborlawradio.com

            Disclaimer: The above response is a general statement of the law and should not be relied upon as legal advice. It only assumes the facts that are stated in the message. The above response does not serve to form an attorney-client relationship.

            Comment


            • #7
              does this apply to ks?

              I have the same situation in kansas, however my split shift is 2 hours then 1 hour. Will The same apply to me? I will be paid 2 hours at regular pay, then a minimum wage split shift differential plus 2 hours regular pay for the 1 hour worked?

              Comment


              • #8
                No, Kansas has no requirement for split shift pay. The post was in the California forum, so the responses were limited to California law.
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                Comment


                • #9
                  Just confused!

                  So basically, I do NOT understand this "split-shift" thing at all, even after reading all of the above information. Probably because I'm only 19, and know nothing about Law, but, it's very interesting, so maybe I'll take a class someday; anyways, here's my story/question/s...

                  Today I worked from 11am to 2pm,(3 hours) my schedualed shift for the day.
                  I was then asked to come back from 4:30pm until 9pm. (4 & 1/2 hours)
                  All of our clocking in and out is done on a computer system, so when I came back to work the second time, it asked for the managers split shift approval, which I of course got.
                  I took a 10min break my first shift, and a 10min break my second shift.
                  When I went to clock out at 9pm, it said "Cannot proceed, you have not taken your required breaks." Well, I wasn't going to sit there for a 30min lunch which isn't paid, so I got the manager, and he overrided the system and clocked me out manually.

                  So long story short, I guess the only really question I'm asking here, is what am I getting paid for exacally. The 7 & 1/2 hours I worked +1?

                  & Another thing, shouldn't my job have KNOWN I had to take a lunch instead of waiting until the end of the night and having to override the system? That kind of perturbed me.

                  Comment


                  • #10
                    Split shift

                    -You are covered under Cal. Lab Code §§ 500-511; and Cal. Code Regs. tit 8, §11010 that states:
                    “Time and a half after 8 hours per day; and after 12 hours double time. With a double shift this is the law that would qualify your request.
                    FYI: Time and a half after x hours per week: 40. On 7th day; time and a half for the first 8 hours; after 8 hours double time (this is based on the 40 hour work week).
                    The only "exception" are for employees who work 4, ten hour shifts a week.”

                    Comment


                    • #11
                      You replied to a thread from 2006 - we normally don't reply to old posts.
                      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                      Comment


                      • #12
                        lunches on splitshifts?

                        What is the rule on lunches in split shifts? Our company policy is to take a lunch by the 5th hour to avoid a 'lunch compliance'. But what if you work a split shift? Is California law that you take a lunch after so many consecutive hours? And what if the break between shifts is only 15 or 30 minutes? How is consecutive defined? I have one manager claiming that as long as the break is longer than 30 minutes, the counter starts over, and another manager that says no matter how long the break is, the counter starts over (Example, meeting from 7:30am - 9:30 am, they make us clock out, wait one minute, then clock back in for an opening shift). Any ideas? Thanks!

                        Comment


                        • #13
                          lunches on splitshifts?

                          It is just plainly illegal-Talk to a deputy labor commissioner.

                          Comment


                          • #14
                            Originally posted by dajol View Post
                            It is just plainly illegal-Talk to a deputy labor commissioner.
                            If you can find one.

                            You have nothing to lose by filing a claim for unpaid split shift premiums. Maybe it works, maybe it doesn't.
                            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                            • #15
                              split shift lunches

                              So what is the official rule? Does my lunch 'timer' count from the original 7:30am punch? or since I punched out at 9:30 and punched back in at 9:31, does it start again at 9:31? I think I read that if the break between shifts is longer than 30 minutes, the timer starts over, is this correct?

                              Comment

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