How Do I Know I’m Entitled To Split-Shift Premium?

Due to the increased number of industries or businesses, workers are no longer subjected to the 8 to 5 jobs. In California, every business has a way in which it conducts its business. While some employ full-time employees or part-time employees, others consider their employees to work in shifts. Any employee whose work schedule is composed of a portion of unpaid time that is more than an hour interrupting two work periods is entitled to a split-shift premium of an additional hour of pay. If you have issues with your employer concerning the amount being paid as a split shift, you may have a claim.

What is A Spit Shift?

Under the Industrial Welfare Commission, a split shift is defined as a work schedule composed of a non-paid and non- working period established by an employer. Generally, an employee is eligible for split –shift pay if:

• Their work includes a block of unpaid time, which is more than an hour. This is not considered a meal period.

• The portion of unpaid time interrupts two working periods.

• The wages earned don’t exceed the applicable minimum wage for hours worked, including the additional hour. For such an employee, the additional one hour is paid as a split-shift premium.

Laws relating to split-shift in California are complex, and such issues can be sorted out smoothly by an experienced employment lawyer.

If a worker calls for a break to take care of a family member, the period cannot be considered as a split- shift since the employer did not authorize it. Meaning, the break has to benefit the employer. Any employee who earns the minimum wage per hour is entitled to a split shift where payment is equal to one hour of pay at their minimum wage. In other words, if the worker’s hourly rate is more than their minimum wage, it’s the duty of the employer to offset the split–shift premium over the minimum wage paid to that worker. However, if the amount is more than the extra hour of the minimum wage, the employer may not provide the split-shift premium. Where the amount is less than the 1-hour minimum wage, the employer may opt to pay the difference. The payment should be in addition to the regular earnings a worker receives for the shift.

How Do I Know If I’m entitled To A Split-Shift Premium?

The split-shift premium is only available to the exempt hourly employees. If you requested the break from your employer, you might not be eligible for the split-shit premium. An employee should know their rights when it comes to split-shift. California law is very strict to employers who violate split shift policies. Again, for anyone who has a dispute with their employer concerning split shift premium, they have limited time to bring an action for recovery. 

If you choose to work an extra shift, this will not be considered a split shift premium. Your employer is the one responsible for scheduling your shifts. They should not be voluntary. If your employer pays you more than the minimum wage, any excess amount will be credited. You must check whether your employer has included the right information on your paycheck, which included:

• The number of hours worked.

• The rate per hour

• The total amount of pay for the normal wage and the split shift premium

• Deductions

If your employer fails to provide the above information or gives out incorrect information, you may be eligible for penalties. To prevail in such a case, you may require legal representation.

Looking For An Experienced Employment Lawyer

If you believe that your employer violated the California wage and hour laws, it’s advisable to look for a seasoned employment lawyer. It’s the responsibility of your employer to maintain accurate records for hours you work and the payroll records. The amount to be received as a split-shift premium must be shown separately in the pay stub. Meaning, the amount should not be lumped together with other benefits or wages. It’s also important for an employee to maintain their own records to act as evidence if a dispute arises. Additionally, split-shift pay should not be included in the calculation of overtime wages. In California, eligible employees should be paid all the wages they have earned.  

Employers who violate wage and hour laws are subject to stiff penalties. Penalties available to workers who pursue their wage claim and win are significant. If your case is successful, you can be assured to get back any money spent on lawyer fees or court costs. However, not every lawyer is conversant with split shift premium cases; you need to do a bit of research to get a good lawyer who can assess the circumstances of your case and help you understand your rights.