California Split Overtime Lawyers

Examples of Split Shifts in California

• A restaurant worker who is called to serve the lunch rush and then told to return later for the dinner service
• A hotel housekeeper who works a day shift, goes home, then returns for an evening shift to accommodate a rush of check-ins
• A factory worker who goes home after a day shift, but comes back to put the graveyard crew's supplies on their individual racks

Need help with split shift compensation? Fill out our online form or call us tel:(310) 997-4431 now to get started. Our experienced attorneys are here to guide you through your case and secure the compensation you deserve.

What is a Split Shift?

A California split shift occurs when an employee's workday is interrupted by an unpaid period of time off. This break typically happens between two different work segments, such as a meal break or a shorter unpaid layover. During this time, the employee works part of their shift, takes a break, and then returns to complete the remainder of the workday.

According to state and federal labor laws, workers in certain industries, including wait staff, bartenders, and retail employees, may be entitled to earn a portion of the missing hourly wage for covering a break. However, employers are not required to subsidize rest or meal breaks if the employee's hours meet the split workweek rule. As long as employees earn at least the minimum wage throughout the workweek, employers are not obligated to pay for those unpaid break hours.

Understanding Split Shift Laws in California

At Kesluk, Silverstein, Jacob & Morrison, P.C., we help employees understand whether their employer has violated California labor laws by implementing or not paying for split shift time.

California is one of the few states in the country that has split shifting laws. The laws focus on an employee's work environment and aim to regulate employer requirements so that employees are properly compensated for the extra costs they incur from traveling to and from their work environment.

California split shift laws require employers to pay additional compensation to employees for split shift work if:

• Employees' work schedules require them to come in, stay, or return at some point of their workday to meet their employer's needs, and these shifts are at least one hour apart.
• Employees' hourly wage and tip credit at the end of the pay period exceeds $13, and employers may not subsidize the minimum wage with tips against split shift pay.

If these factors apply, the employer must pay employees one hour of the prevailing California minimum wage (as of 2020, this amount is $14 for employers with 25 or fewer employees, and $15 for employers with 26 or more employees) in addition to the employee's total regular compensation for the shift.

We'll fight to protect workers' rights to the fair pay they are due for all the hours they put in, on their regular schedule and on their split shift. Let our experience work for you. We have over forty years of experience helping workers against employers who violate wage and hour laws.

Exemptions from Split Shift Laws in California

California split shift laws are to protect minimum wage workers who work short shifts more than once per day. There are certain exemptions from split shift pay in California:

• Workers earning twice the current California minimum wage are not entitled to split shift pay
• Workers are not entitled to split shift pay if the entire meal period occurs within the same shift. For example, if an employee works 12 hours straight with an unpaid 1-hour break, the employer is not required to pay split shift compensation. Employees can seek a meal period exception from the Labor Commissioner's Office, but this can be difficult to pursue.
• Union workers are also exempted from split shift pay as it already tends to be included in union-negotiated contracts

The following service providers are also exempted from the requirements relating to split schedules: interstate air carriers, dairies, drivers, janitors, mechanics, moving and storage, plumbers and electricians, television and radio transmissions, and professionals practicing law.

If you are still not sure you qualify for split shift pay or if your employer cannot pay you such benefits, don't hesitate to seek legal help. The best way to protect your workplace rights is to work with experienced wage and hour lawyers who will build and protect a strong case against bad employers who violate your legal rights as an employee.

How Split Shifts Affect Employee Health and Well-Being

Split shifts can have significant impacts on workers' physical and mental health. These shifts are often characterized by an unpaid break between work periods, which can be both physically exhausting and mentally draining.

• Physical Strain: Employees working split shifts often experience fatigue, as they may need to travel back and forth between work, which can disrupt their normal routines. The extended hours can lead to muscle strain, aches, and exhaustion.
• Mental Fatigue: The waiting period between shifts can create mental strain. The interruption in work can affect focus and motivation, making it harder to stay productive throughout the day.
• Impact on Sleep Cycles: Split shifts can interfere with sleep patterns, as employees may need to work late into the night or start early in the morning after long gaps between shifts. This lack of consistent sleep can lead to sleep deprivation and long-term health problems.
• Work-Life Balance: Split shifts also affect workers' family life and personal time. The extended gaps between shifts can make it difficult to engage in personal activities or spend quality time with loved ones, impacting emotional well-being and work-life balance.

Legal Implications for Employers Who Violate Split Shift Laws

Employers who violate California's split shift compensation laws face serious legal consequences.

• Penalties: Employers may be required to pay back wages, additional compensation, and penalties if they fail to follow split shift laws. This can also result in further legal action, including lawsuits.
• Legal Actions: Employees can take legal action if their employer doesn’t pay for split shift hours as required by law. Workers can file complaints with the California Labor Commissioner's Office or pursue lawsuits for wage theft.
• Case Studies: There have been many legal victories where workers have received compensation for split shift violations. These cases highlight the importance of knowing your rights and seeking legal help when employers fail to comply with labor laws.

How to Document Split Shift Hours for Compensation

To ensure you receive the proper compensation for split shift work, accurate documentation is crucial.

• Tracking Hours: Employees should keep a detailed record of the start and end times for each shift and the duration of any breaks. It’s essential to note any gaps in between work segments.
• Work Schedules: Always keep copies of your work schedules, which may serve as evidence of the split shifts you’ve worked. This can help resolve disputes.
• Timecards and Communication: Retaining timecards and email exchanges with your employer is vital. If there is a disagreement about the hours worked, these documents can be used to support your claim.

Recent Changes to California's Split Shift Laws

California's split shift laws have evolved to better protect workers. Understanding recent changes is crucial for both employees and employers.

• Amendments to Laws: Recent updates have clarified when and how employees should be compensated for split shift work. These amendments ensure that workers are better compensated for their time and effort.
• Effects on Workers' Rights: The changes could strengthen workers' rights, ensuring they are paid fairly for all hours worked, including those during split shifts.
• Employer Compliance: Employers must stay up to date with these changes to avoid violations. This may involve adjusting work schedules, training managers, or updating compensation practices to comply with the latest regulations.

Ending Abuses of Wage and Split Shift Laws

Split shift pay abuses can be difficult to identify, which is why it's essential to work with an experienced wage and hour law firm. At Kesluk, Silverstein, Jacob & Morrison, P.C., we know what to look for and how to leverage these laws to benefit our clients.

Our qualified employment attorneys have the expertise and resources to investigate your allegations, assess the merits of your claim, and secure the compensation you deserve. No matter the outcome, we will work tirelessly to protect your rights as a dedicated employee.

Contact Kesluk, Silverstein, Jacob & Morrison, P.C.

When you discover that your employer is in violation of split shift laws right from our qualified split shift lawyers, don't just get ready to peacefully settle for less. Kesluk, Silverstein, Jacob & Morrison, P.C.. can assist you in exploring your options for seeking financial compensation and justice. A confidential consultation may be scheduled with the law firm Kesluk, Silverstein, Jacob & Morrison, P.C..

Call (310) 997-4431 to get started. Attorney consultations for paychecks are completely confidential and risk-free.