![]() However, this does not apply to certain employees in fields such as milling and construction.Įmployees are also allowed one rest break lasting ten minutes for every four hours they work. The area must also have an adequate supply of potable water, soap, and other cleaning materials. You cannot be forced to work during any meal break, and you are also unable to work through your meal breaks in order to leave work early.įor places where employees are required to have meal breaks on their premises, there must be a suitable place for this purpose. Employers are able to mandate these breaks be taken at their work location if they offer employees additional wages as compensation. However, employees can also refrain from taking this break if they did not waive their first break or if their workday lasts less than 12 hours. Employees who work more than ten hours a day can receive a second meal break also lasting 30 minutes. If an employee’s workday lasts six hours or less, they have the ability to waive this right if they choose to. Meal and Rest Break Laws ExplainedĬalifornia law states that all employees working longer than five hours a day must receive an unpaid lunch break lasting 30 minutes. Whether you’re a business owner in California or someone beginning a new job, it’s important to understand the state’s employment laws and what you can do if the law isn’t being followed. This includes meal and rest break laws, which give all employees in the state the right to take breaks in order to eat and rest. Since many businesses have hired new employees to begin the year, they’ve also had to explain and adhere to California employment law. See the FAQ on overtime for what constitutes overtime in California.With the holidays over and a new year in progress, businesses are back in operation. Split shift has no impact or effect on overtime. How is overtime calculated on a split shift? If you are only paid $72 (6 hours times $12), you are due $5 ($77 - $72 = $5) differential for working a split shift. Yes, because you work six hours, and the minimum wage for your workday that includes a split shift is $77 (6 hours times $11 plus an additional $11 for the split shift premium). I work six total hours in a workday, so am I entitled to a split shift premium?” My regular workday includes a split shift, however, I make $12 per hour and minimum wage is currently $11 per hour. The purpose of the split shift premium is to prevent abuses by employers for scheduling shifts that are not voluntary. Voluntarily picking up an extra shift does not qualify for the split shift premium. Would a worker qualify for a split shift premium if they are scheduled to work the morning shift and then voluntarily pick up an evening shift? It should be shown as a separate category such as “Split Shift Premium” and should not be lumped into another category such as wages, bonus, etc. The employer must itemize the premium payment on the pay stub provided to the employee. It is always your employer’s legal responsibility to keep accurate time records of hours worked as well as payroll records.ĭoes the split shift premium need to be reflected on the pay stub as a separate item? Who is responsible for keeping track of the split shift payment, the employer or the worker? Please see number 6 for an example of how the split shift premium is calculated. Any money earned over and above the state, or local, minimum wage will be credited towards the employer’s obligation to pay the split shift premium. The split shift premium is one hour at the state minimum wage, or the local minimum wage if there is one, whichever is greater. The employee must be paid the premium each shift their daily schedule is split. to work the dinner shift.Ī minimum wage employee with a split shift schedule must be paid a split shift premium. If an employee requests the break for their own convenience, then it is not a split shift.Īn example of a split shift is a restaurant worker whose schedule is to work from 10:00 a.m. The break between shifts cannot be a meal or rest break and must be to the benefit of the employer. The time period between shifts needs to be longer than a bona fide meal period and needs to be within the same workday. 1.Ī split shift is a work schedule that is interrupted by non-paid and non-working time periods established by the employer. ( Industrial Welfare Commission Wage Orders 1-15, Section 4)Īn employee who is paid more than minimum wage may also be due a split shift premium, however, the greater the wage the lower the premium will be.Īlso note, an employee who resides at the place of employment is exempt from the split shift premium. The premium is equal to one hour of pay at the rate of the minimum wage. Workers who earn the minimum wage per hour are entitled to additional pay known as a “split shift premium” when their schedule includes a split shift.
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