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California - split shift?

On Lawyer & Legal » Employment & Labor Law

7,226 words with 16 Comments; publish: Tue, 04 Apr 2006 20:13:00 GMT; (800125.00, « »)

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.

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  • 16 Comments
    • You replied to a thread from 2006 - we normally don't reply to old posts.
      #1; Sun, 27 Apr 2008 21:19:00 GMT
    • It's not clear to me. My original answer stands. If you want to find out, call the DLSE or file a claim and see what happens.
      #2; Thu, 05 Jun 2008 03:46:00 GMT
    • 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.

      #3; Wed, 05 Apr 2006 09:38:00 GMT
    • 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? :confused:
      #4; Sun, 30 Apr 2006 16:00:00 GMT
    • It is just plainly illegal-Talk to a deputy labor commissioner.

      If you can find one. :rolleyes:

      You have nothing to lose by filing a claim for unpaid split shift premiums. Maybe it works, maybe it doesn't.

      #5; Wed, 04 Jun 2008 16:22:00 GMT
    • And if anyone else has a question about split shifts, please open your own thread instead of continually reopening a 2 year old one.
      #6; Thu, 05 Jun 2008 06:54:00 GMT
    • 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.

      #7; Wed, 05 Apr 2006 21:15:00 GMT
    • 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.

      #8; Wed, 05 Apr 2006 08:57:00 GMT
    • That's correct. And that was the exception I thought might apply, Megan, thanks.
      #9; Wed, 05 Apr 2006 10:42:00 GMT
    • 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? :confused:

      #10; Wed, 05 Apr 2006 04:32:00 GMT
    • 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.

      #11; Sat, 28 Oct 2006 03:16:00 GMT
    • 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!
      #12; Wed, 04 Jun 2008 12:19:00 GMT
    • It is just plainly illegal-Talk to a deputy labor commissioner.
      #13; Wed, 04 Jun 2008 13:26:00 GMT
    • 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?
      #14; Thu, 05 Jun 2008 01:44:00 GMT
    • -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.

      #15; Sun, 27 Apr 2008 19:18:00 GMT
    • No, Kansas has no requirement for split shift pay. The post was in the California forum, so the responses were limited to California law.
      #16; Sun, 30 Apr 2006 16:04:00 GMT