Understanding Split Shifts and Extra Pay
Although we think of work shifts as starting and ending at specific times, that’s not always the case. Many workers have what is known as split shifts. When they do, there may be questions as to when that worker gets overtime pay, and how to calculate their hours.
What is a Split Shift?
A split shift is a work shift that is broken up into two (or more) shifts, where the break is not a regular rest or meal break. This often happens in the restaurant industry, where a restaurant may be open for breakfast, and then close (or else, workers are allowed to leave), and then the restaurant re-opens (or the workers must return) for the evening dinner hours.
To qualify, the breaks in shifts must be something that benefits the employer, not something the employee asks for. In the example above, the restaurant has few customers in the afternoon, and so it benefits the employer to have the server work in the morning, go home, and come back later, when business picks up.
Payment for an Extra Hour
Because the down or break time during a split shift is time the worker can do what he or she pleases, many workers assume that the time between the shifts, doesn’t count for the purposes of calculating the worker’s weekly hours. But that’s not entirely true.
As a general rule, workers are entitled to an extra hour of pay, above what they actually worked, for working a split shift. That extra hour of pay only has to be the minimum wage. While that’s not a lot of money, over the course of time, if those hours are not paid or counted as work hours, the worker may have a considerable claim for back owed, unpaid wages.
Not every employee gets that split shift benefit. If the employee’s wages are high enough that, if divided among all hours worked including the “extra hour,” the worker earned at least minimum wage, the employer has done nothing wrong.
This generally means that workers who make significantly more than the minimum wage, often won’t have to be paid that split shift hour. Workers at or near minimum wage do have to be paid.
How Do You Know?
If you routinely have extended breaks where you go to work, leave, and then come back later the same day, you likely are working a split shift. Many employers will list the split shift premium as a separate line item on your pay stub. If you don’t see it, and feel you may be entitled to it, ask your employer.
Remember that all of this is contingent on the worker working in a field that is protected by the Fair Labor Standards Act (FLSA). Most people in retail, hospitality or servers, will be protected. Executives, professionals, or administrative staff, are usually exempt.
Are you being paid for the time you are working? Contact the San Jose employment attorneys at the Costanzo Law Firm today for help.
