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CA - split shift ??

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  • CA - split shift ??

    I'm an hourly employee working as assistant manager for an apartment complex. I work part time, less than 40 hours a week. I am required to live in the complex but I pay rent. My normal work day would be 8 - 5 including lunch. Then at 10:30 I have to walk around the complex for "security".

    My questions -

    Is this considered a split shift?
    Although this takes less than an hour, am I supposed to be paid for a full hour or the less than that it takes?

  • #2
    Response

    I had this experience in the past also.

    The answer is yes. If walking around the building is a mandatory part of your job function then they are required to pay you.

    How long does it take to preform these job functions?

    Also are you really required to live there?
    If so they are supposed to give you some sort of benefit, I can't remember the exact requirement, but I'm pretty sure it's a discount from the standard rent everyone else is paying. I don't think its free rent, but discounted.

    Comment


    • #3
      ULawLabor, do you have a cite for your answer? Do you believe this falls under the "reporting pay" requirement?
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

      Comment


      • #4
        Response

        Patty,

        I am not sure, that is where I would expect it to be. I am just speaking from past experience working split shifts

        Comment


        • #5
          I'm not thinking this would qualify as requiring the reporting time minimum, since the scheduled time is only about 1 hour anyway. So not being "sent home" before the shift was completed.

          There used to be a requirement to pay one hour's pay if a split shift was being worked, but there was less than X hours (I forget the number) between shifts. This was many years ago, however.

          OP, recommend you call the Employment Development Dept., Division of Labor Standards Enforcement, to inquire.

          And, of course, all of this is assuming you are a nonexempt employee. If you are exempt, it's a moot point.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

          Comment


          • #6
            Agree with Pattymd



            Good luck.

            Comment


            • #7
              Split shift

              From the IWC Wage Order-
              "Split shift" means a work schedule, which is interrupted by non-paid non-working periods established by the employer, other than bona fide rest or meal periods.

              And later:

              When an employee works a split shift, one (1) hour's 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.

              Thus, to answer your question, you do work a "split shift." However, since you reside at the place of employment, you don't get split shift pay.

              The comments from Patty on reporting time pay could apply to you, but you didn't give enough information for me to add anything else.

              For convience, I have quoted the reporting time pay here:

              5. Reporting Time Pay.

              (A) Each workday an employee is required to report for work and does report, but is not put to work or is furnished less than half said employee's usual or scheduled day's work, the employee shall be paid for half the usual or scheduled day's work, but in no event for less than two (2) hours nor more than four (4) hours, at the employee's regular rate of pay, which shall not be less than the minimum wage.

              (B) If an employee is required to report for work a second time in any one workday and is furnished less than two (2) hours of work on the second reporting, said employee shall be paid for two (2) hours at the employee's regular rate of pay, which shall not be less than the minimum wage.

              (C) The foregoing reporting time pay provisions are not applicable when:

              (1) Operations cannot commence or continue due to threats to employees or property; or when recommended by civil authorities; or

              (2) Public utilities fail to supply electricity, water, or gas, or there is a failure in the public utilities, or sewer system; or

              (3) The interruption of work is caused by an Act of God or other cause not within the employer's control.

              (D) This section shall not apply to an employee on paid standby status who is called to perform assigned work at a time other than the employee's scheduled reporting time.

              Michael Tracy
              Attorney
              http://www.gotovertime.com


              Disclaimer: The above response is a general statement of California law. It only assumes the facts that are stated in the message. The above response does not serve to form an attorney-client relationship.
              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

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