PAID PAUSES

California employers must ensure hourly workers receive additional one-hour “split shift” pay when scheduled or required to work two distinct work periods in the same workday separated by more than a one-hour meal break, such as an employee who works the 10:00 a.m. to 1:00 p.m. shift and returns for the 4:00 p.m. to 7:00 p.m. shift.

That premium must be at the state minimum wage or applicable local minimum wage, whichever is greater. However, the employer may use all amounts paid a worker above minimum wage to offset any split shift premium owing that worker. See example in  What’s New for 2019 Juggling Daily Work Times (December 12, 2018).

If employees voluntarily request the split shift for their own convenience or to pick up an extra shift, then no extra pay is required. Regardless, split shift premium has no impact or effect on overtime.

The employer must separately itemize split shift premium payment(s) on the employee’s pay stub.

A handbook policy should define split shifts and prohibit split shift scheduling without advance supervisor permission.

Take-Away:

Implement and regularly review a comprehensive, clearly written handbook to include a split shift policy.

We publish this series to educate employers on best practices for a well-written handbook that assists applicants, employees, and management alike. To purchase our 2023 template handbook – which contains the above policy and much more – and accompanying forms or for more information, please contact Office Manager Aimee Rosales at 626.583.6600 or email her at officemgr@tbowleslaw.com.

See also:

• Handbook Helper Episode 20 Overtime Policy – Burning The Midnight Oil (March 9, 2023)
• Disorder Insurance – Workplace Policy Handbook & Forms for 2023 (March 2, 2023)
• California Minimum Wage Rates for 2023 (December 7, 2022)

Cindy Bamforth
March 16, 2023