Each state's department of labor is responsible for creating and enforcing its own hour and wage laws, yet none have a requirement for the minimum number of hours between shifts. What is meant by split shift? New York requires an additional hour be paid for employees working split shifts longer than 10 hours, as described in Part 142 of the Minimum Wage Order for Miscellaneous Industries and Occupations. Under California law, when an employee works a split shift, he/she is entitled to one hour additional pay at the minimum wage in addition to the minimum wage required for that workday. Work more than 10 hours in a single day, or work a split shift, and New York labor laws require your employer to pay you an extra hour for each hour in excess of 10 hours that you work. An additional 20 minutes between 5 p.m. and 7 p.m. for those employed on a shift starting before 11 a.m. and continuing after 7 p.m. Although many top chefs will say that they work 15 hour days, nationwide and worldwide chefs of all levels and waiting staff too, will be working ‘flexible shift patterns’ – dealing with the lunchtime rush, then having a four hour break before returning for the evening shift. Having said that, here are a few frequently asked questions regarding Split Shift Law. Complete Labor Law Poster for $24.95 from www.LaborLawCenter.com, includes State, Federal, & OSHA posting requirements If this is your first visit, be sure to check out the FAQ by clicking the link above. Special wage laws in New York include split shifts and spread of hours. A work period of eight consecutive hours over five days with at least eight hours of rest in between shifts defines a standard shift. Spread of Hours (10+ hour days and Split Shifts) New York state law provides that, when employees are paid at or near the minimum wage, the employer is obligated to pay one hour of additional pay for each hour in excess of 10 hours and for each split shift. User #213754 22171 posts The split shift is often seen as the bane of the restaurant industry. Posted in Best Practices For California Employers, Class Actions, Wage & Hour Law 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. Code Regs., tit. Wages due: 8 hours worked @ $12.50 = $100.00 However, the FLSA does require that covered, nonexempt workers be paid not less than time and one-half the employee's regular rate for time worked over 40 hours in a workweek. For example, say you get to your job at 8 a.m. and work until noon. 30 minute noonday period for employees who work shifts of more than 6 hours that extend over the noon day meal period. hopefully Zoombie can tell you it's illegal. 2 (Q).) Presently, no OSHA standard to regulate extended and unusual shifts in the workplace exists. Split shifts are obscene and should be illegal, no point stuffing around for a 12 hour or more day for a few hours retail type pay it's explotation. The time period between the shifts must be within the same day and it must be longer than a bona fide meal period. Split shifts can tie employees to work for extended periods, and the time in between shifts can be lost traveling to and from work. All sleeper berth pairings MUST add up to at least 10 hours. For purposes of this law, "mandatory overtime" is defined as work time above and beyond the normal pre-scheduled shifts (Section 258.002). The Industrial Welfare Commission defines “Split-Shift” as an Employer-established work schedule that is interrupted by a non-paid and non-working … For example, if you work 11 hours, then your employer must pay you for 12 hours of work. “When an employee works a split shift, one (1) hour’s pay at the minimum wage shall be paid in addition to the minimum wage for that workday, except when the employee resides at … Q1. I was aware of the split shifts but not the specifics. 2 (Q). 3 For example, a 30-minute meal break isn’t a split shift because California law already requires an employer to let a nonexempt employee take one after the first five hours of work. Extra pay for working night shifts is a matter of agreement between the employer and the employee (or the employee's representative). The Fair Labor Standards Act (FLSA) does not require extra pay for night work. 8, § 11040, subd. Statute Code Regs., tit. There is no split shift premium required by law. The spread of hours is the interval between the beginning and end of an employee’s workday. The only exception to this rule is when a worker’s housing is at the same location where he or she works. Split Shift The same industries and sectors that require spread of hours pay also require an extra hour of pay at the full minimum wage rate when certain non-exempt employees work a “split shift.” The 10 hours includes any off-duty time, meal breaks and time between shifts. Any shift that goes beyond this standard is considered to be extended or unusual.Emergency situations, times of business transition, and when resources are scarce often require longer shifts. Statute. A split shift is a schedule of daily hours in which the working hours required or permitted are not consecutive. Work stress is not increased by working a split shift. Split shift premium: A “split shift” is “a work schedule, which is interrupted by non-paid non-working periods established by the employer, other than bona fide rest or meal periods.” (Cal. Nuance: While split-shift payments are considered wages, they need not be included in the regular rate when calculating overtime pay. The defining characteristic of a split shift is that the employer, not the employee or the law, requires the split. It refers to a work schedule being interrupted by non-working and non-paid periods which are set by the employer. All other establishments and occupations covered by the Labor Law. Drivers may split their required 10-hour off-duty period, as long as one off-duty period (whether in or out of the sleeper berth) is at least 2 hours long and the other involves at least 7 consecutive hours spent in the sleeper berth. You ... split shifts. In California, a split-shift occurs when a worker's schedule is broken up by an unpaid, non-working period of time in excess of sixty (60) minutes. See Cal. Split shift wage: One hour at $11.00 Offset: $1.50 x 8 hours = $12.00 $12.00 exceeds the split shift wage that the employer would be required to pay, so the employee is not entitled to a split shift premium for the day. When I took the job I was under the impression it would be a 40 hour a week full time job. This is a total of eight hours worked for the day, and she is entitled to a split shift payment of one hour at $8 (minimum wage). Claims For Reporting Time Pay And Split Shifts Were Properly Dismissed By Tony Oncidi on January 1, 2012 Posted in Class Actions, Employment Law Notes, … 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. 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