A strange split-shift issue can arise if an employee’s work crosses the defined workday. If the hourly wage exceeds the minimum wage, a split-shift premium may not be due. Be sure to check federal, state, and local laws regarding split shifts before implementing them in your business. Your next shift doesn’t start until 4 p.m., and then you work until 8 p.m. 8, § 11040, subd. The two shifts must be on the same work day. Although this statute is applicable to California, split shifts are available through any employer who provides this type of scheduling. The statute mandates that a split shift worker must be compensated for their work based on minimum wage pay rates for at least 60 minutes or more for the same day. Reveal number tel: 212-401-4232 . (2) Shift premium must be paid for the entire daily or weekly shift that qualifies under subsection (1) of this section. It’s important to understand that the regular one-hour lunch break associated with a 9-to-5 schedule doesn’t count toward a split shift. Democratic leaders presented a bill named Schedules That Work Act. To be eligible, the Split-Shift must be the creation of the Employer and not the Employee. For example, if you work 11 hours, then your employer must pay you for 12 hours of work. Split shift wage applied: $12.00/hour Time between shifts: 2 hours, one of which is an unpaid meal break, the other as split shift pay Offset: $1.00 X 8 hours = $8.00. The term split shift is one that is commonly spoken about by those who take advantage of the benefit. Split shift scheduling does not always work to an employee’s advantage especially if they work in a low wage service industry. (b) An employee is scheduled to work a shift which is split with a minimum of four intervening hours not worked. That is an older provision that … I was aware of the split shifts but not the specifics. Despite the Employer’s reasoning, one fact typically remains true - the Employee is not paid for the time they are required to be on this break. A Millennial’s Take on the Workplace, Predictive Analytics: A Human Resource Big Data Business Solution. Although those who work split schedules may have access to a wide range of hours, the guarantee of achieving higher income cannot always be relied on. Whether you’re in this situation depends on a few factors, but if you are, your employer should pay you more. Call. A split shift is defined as “a schedule of daily hours in which the working hours required or permitted are not consecutive,” while no meal period of one hour or less shall be considered an interruption of consecutive hours. Oregon minimum wage laws require employers to compensate employees for all hours worked. A rest break allows an employee to rest for a short period of time during work hours. The length of a work day is limited to a maximum of 12 hours for employees who work a split shift. If you are an Employee who has a long, unpaid break during your shift, you may be entitled to a “Split-Shift” premium. Breaks Rest breaks and meal breaks. A split shift is defined in the California IWC Wage Orders as: …a work schedule, which is interrupted by non-paid non-working periods established by the employer, other than bona fide rest or meal periods. To see if one is due, you multiply the difference in rate (between the hourly wage and the minimum wage) by the hours worked that day. She is on split shifts, working from 11:30 am to 2:30 pm and then from 4:00 pm to 7:00 pm. The only exception to this rule is when a worker’s housing is at the same location where he or she works. 10 hours a week is pretty significant so I'm evaluating my options. Split shift wage is partially offset: $12.00 - $8.00 = $4.00 Compensation due to this employee: 8 hours of regular pay at $13.00 = $104.00 Offset split shift pay = $4.00 Although the number of workers who have regular working schedules exceeds those who work split shifts, the number of workers in the latter group is significant enough to make changes so that they can earn sufficient income. 5. If the split shifts are 8 a.m. to 1 p.m. and 6 p.m. to 9 p.m., wages are due for 8 hours of work. If noncompliant scheduling practices have been brought to company leadership’s attention, initiatives should be developed to help managers understand the protocol of effective scheduling. Rarely will an Employer pay the Employee any compensation for the three non-working hours they spend waiting to return to work. What is meant by split shift? All rights reserved. The inability to manage a family with higher wages that are associated with working regular consecutive shifts becomes a challenge that is difficult to bear. If you live in today’s society, it is likely that you are employed or employ others. However, the downside to the split shift schedule is … Employees in San Diego California who work for the minimum wage per hour and there is a split shift in their schedule then they are entitled to getting additional pay which is called “split shift premium”. (b) An employee is scheduled to work a shift which is split with a minimum of four intervening hours not worked. I work 6am - 830am and then 2pm - 6pm monday thru friday. Management can also be encouraged to gather feedback from employees regarding ways split shift scheduling can be improved. Employee 1, new to the field, makes the 2018 California minimum wage: $11.00. If a business’ busiest service times are during the evening, encourage managers to schedule split shift employees around that time to increase their income. what is a “split-shift premium?” A Split-Shift Premium is equal to an hour of the Employee’s minimum wage – this premium is added to the Employee’s regular pay for that shift. Endorsed by numerous activist and labor groups, The Schedules That Work Act is waiting for an agreement to be implemented in all states. The main benefit that a split shift provides is the ability to work on a flexible schedule. Give me a call today, and let me help you. There is no split shift premium required by law. Rest breaks are also referred to as 'crib breaks', 'rest pauses' or 'tea breaks'. CALIFORNIA'S SPLIT-SHIFT LAW - A QUICK OVERVIEW. A regular break for rest or to eat meals does not count as a "split". Split Shift. In this scenario, since the Employee was paid over minimum wage, an Employer could calculate whether the offset sufficiently covered the Split-Shift Premium. Having said that, here are a few frequently asked questions regarding Split Shift Law. Save your organization costs by eliminating inaccurate reporting. No. Because the 14 hour clock does not stop for anything it may be difficult to schedule a split shift. Under state law, employees who are required to work a split shift are entitled to an additional hour of wages. This lack of communication can easily contribute to low employee morale especially if workers can’t meet their financial obligations because of fluctuating work schedules. However, the Nevada overtime law allows employees to waive their overtime rights in certain circumstances. The catch is, however, if an Employee’s hourly rate is more than minimum wage, an Employer may offset the Split-Shift Premium using the total amount it pays over minimum wage for the time worked. Industrial Welfare Commission Wage Orders define “split shift” as a work schedule which is interrupted by non-paid non-working periods established by the employer, other than “bona fide” rest or meal periods. The improved communication can be a catalyst by which managers and employees can have an open relationship regarding production and work-life balance needs. Code Regs., tit. There is nothing inherently unlawful about a split shift, even if you were not told about the need to work this particular schedule when you accepted the job. The California Department of Industrial Relations Section 4(C) related to the Public Housekeeping Industry provides instructions regarding how split shifts are to be paid. Litigation Lawyer in New York, NY. The premium is equal to one hour of pay at the rate of the minimum wage. However, several states have already taken the initiative to pay workers according to legal standards. Split shift premiums do not impact or affect overtime pay. A split shift is one in which a worker chooses to fulfill their work hours in two shifts. One hour of pay at the minimum wage rate is equal to the premium. It also caps workweeks at 40 hours in a seven-day period, not including overtime. The FLSA states that covered employees age 16 and over can work up to 12-hour shifts. Employee 2, experienced in the area, makes $15.00. When I took the job I was under the impression it would be a 40 hour a week full time job. 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