What are employees' rights for split shifts?

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Updated: 9/20/2012 7:15 pm
Leslie has several questions about working a split shift.

She asks: what does the law state, in specific, about working a split shift during the same day? Does it require the employer to pay the employee an extra hour of work? What does the law specify about having 8 hours in between a shift? If not provided 8 hours in between a shift, should the employer pay overtime? What can be done if employees feel their employer is not following the law?

According to local attorney David Stiles, a split shift is any workday where there is more than a one-hour break in the work schedule.

If an employee earns minimum wage, they are entitled to one hour of extra pay for a split shift.

If they earn more than minimum wage, they would not qualify for the extra pay, in most situations.

A California employee is entitled to time-and-a-half for work over eight hours in a given workday, regardless of whether the shift is split or not, including longer split periods.

The California Labor Commission is the body that regulates wages and hours, and complaints about violations of the work orders governing pay can be directed to them for action.
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