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What are the Rules of a Split Shift?
California laws dictate that the time period between split shifts must be longer than a meal period, and both shifts need to take place within the same workday. The break between shifts cannot be a meal or rest break and must be to the benefit of the employer. If an employee requests the break for their own reasons, this is not considered a split shift.
Related Article: How Many Breaks in a 5 Hour Shift?
What is a Split Shift Premium?
Under the Industrial Welfare Commission Wage Order, workers who earn minimum wage are entitled to additional pay known as a “split shift premium” when their schedule includes a split shift. The premium is equal to one hour of pay at the rate of the minimum wage.
An employee who makes more than minimum wage may also be due a split shift premium; however, the greater the wage the lower the premium will be. Also, employees who reside at their place of employment are exempt from the split shift premium.
Related Article: Do I Have an Overtime Wage Dispute Lawsuit?
Who is Entitled to the Premium?
You may be entitled to a split shift premium if your employer schedules you for a split shift and you:
- Are a non-exempt worker,
- Make close to the minimum wage, and
- Do not live at the place of employment.
This means that you are not entitled to the premium if:
- Your regular hourly pay is high enough that your employer does not have to supplement it with the required premium,
- You voluntarily picked up a shift that was split from your own, rather than your employer assigning it to you, or
- You took an extra-long lunch break, meal period, or rest break.
What are the Benefits of Working a Split Shift?
Studies have found that long work hours and productivity have an inverse relationship, meaning that employees become less productive the longer they work.
This is why breaking up hours into a split shift can help alleviate employee stress, fatigue and burnout. Happier and healthier employees may lead to boosted productivity, lower absenteeism rates, and better overall workplace culture.
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FAQs
What should an employee do if they believe they are not receiving proper split shift premiums in California?
Employees who believe they are not receiving proper split shift premiums should document their work hours and pay, and consult with an employment attorney or contact the California Division of Labor Standards Enforcement (DLSE) to file a wage claim.
How does the split shift premium interact with overtime pay in California?
The split shift premium is separate from overtime pay. Employees are still entitled to overtime pay for hours worked beyond the standard 8-hour workday or 40-hour workweek, in addition to the split shift premium.
Can an employer offset the split shift premium with other forms of compensation in California?
No, the split shift premium cannot be offset with other forms of compensation. It must be paid as an additional hour of pay at the minimum wage rate, regardless of other wages or benefits provided.
Are meal and rest breaks required during split shifts in California?
Yes, employees are still entitled to meal and rest breaks according to California labor laws. Employers must provide appropriate meal and rest periods during split shifts.
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