Lately they have let several people go and not hired new employees to pick up the slack. Report answer. This one (1) hour of minimum wage pay is a kind of shift pay and is formally known as a “split-shift premium”. 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. You’re paid for the hours you work, but what about the few hours in between? However, this only applies to salaried workers earning $50,000 per year or less, or hourly workers earning $26 per hour or less. California employees who work split shifts are entitled to a premium, which is equal to one hour of pay at the state minimum wage rate or the local minimum wage. If she isn’t writing, you can find her on a patio with friends and a pitcher of white wine sangria. For example, a person may work from 05:00 to 09:00, take a break until 14:00 and then return to work until 19:00. The premium is calculated as one hour’s pay at the minimum wage; and it shall be paid in addition to the minimum wage for that workday, except when the employee resides at the place of employment. Relationship to Leave. The California Department of Industrial Relations Section 4(C) related to the Public Housekeeping Industry provides instructions regarding how split shifts are to be paid. You can even take this one step further into your hiring practices. I’m going through the interview process with a new family that is looking to have me for a split shift. Code Regs., tit. Restaurateurs in the U.S. who want to implement alternative work schedules should familiarize themselves with the Federal Fair Labor Standards Act (or hire a lawyer to help translate the legalese). 1 Overtime pay is a higher pay rate for hours worked after 40 in a work week. Split Shift requires a special earning code to import into your payroll software with the minimum wage rate of $10 per hour (CA). Split-shift pay is governed by the Wage Orders (generally Section 4(C)). A group of guests walks through the door. An employee requesting a long lunch every so often to fit in appointments doesn’t count. When an employer requires an employee to work a split shift, the employer must pay the employee a split shift premium, which is one hour’s pay at the state minimum wage, or the local minimum wage if there is one, in addition to the employee’s regular earnings paid for that shift. Industrial Welfare Commission Wage Order No. 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. If you are only paid $72 (6 hours times $12), you are due $5 ($77 - $72 = $5) differential for working a split shift. Split shift wage applied: $12.00/hour Time between shifts: 2 hours, one of which is an unpaid meal break, the other does not qualify for split shift pay. What is it? Plaintiffs Complaint Industrial Welfare Commission Wage Order No. The Court also clarified California’s split-shift requirement. An employee who makes more than the minimum wage may also be entitled to a split-shift premium, however, the greater their pay then the lower the split-shift premium will be. “Rest between shifts is not required if the total time worked during both shifts does not exceed 13 hours,” according to the Ontario Ministry of Labour, Training and Skills Development. 5. The further in advance your staff know when they’re needed at work, the less likely it is that any issues will arise. Employers are generally required to pay employees one hour’s additional pay at the basic minimum hourly wage rate for any day in which: An employee works a spread of hours that exceeds 10 hours; An employee works a split shift; or; Both situations occur. Split shift scheduling can be a great way to give your employees the freedom they want or need in their busy lives. Over $30 And yes about $16. It will be a total of 32.5 hours per week. Receiving spread of hours pay means an employee should get one additional hour of pay at minimum wage for the day whenever they work a split shift. Meal periods, split shift intervals, and total daily hours worked shall be recorded. Upvote. Posted by 2 years ago. What is the pay rate for co ordinator and do we get split shift allowance and how much? When you don’t have enough staff in the front or back of house, it slows down operations and ultimately has a negative impact on your bottom line. This type of alternative workday can afford people the time to drive an elderly parent to an appointment or pick up a child from daycare. The COVID-19 pandemic has brought a lot of changes to the restaurant industry, but... more, Whether you’re upgrading your current system or purchasing your very first restaurant... more. For each workday that an employee works a split shift or a shift which extends over 10 hours, this "extra" pay is due. In the Golden State, workers with more than one hour off between split shifts should receive a premium of an extra hour’s pay for the day at minimum wage or higher. (2) Shift premium must be paid for the entire daily or weekly shift that qualifies under subsection (1) of this section. We’ve already covered this one, but it’s worth reiterating – flexible scheduling that allows you to have the right staff working at the right times (no more, no less) contributes to a healthy bottom line. Split Shift Pay . In cities like Toronto, Canada, employers only have to provide eight hours off in between shifts. In this article, we’ll answer the burning question “what is a split shift?” as well as cover: A split shift is an alternative to the typical nine-to-five grind that separates the workday into two or more chunks, but generally still adds up to an eight-hour day. When a split shift occurs, employers must pay a premium of one hour of pay (unless the break qualifies as a “bona fide” rest or meal period). 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 the place of employment. Have employees sign and date a receipt for this manual, certifying that they have read & understand it. 2.5 hours in the morning and 4 hours in the afternoon. 7-906. For example, someone who works a night shift, goes home for a few hours, then returns for an afternoon shift may work a split shift that day. By giving non-essential employees a break between peak hours, you can keep your labor costs low and ensure that you have just the right number of employees on the clock for the work that needs to be done. If an employer pays the employee more than minimum wage, the employer is only required to pay the minimum wage rate, not the … Reading this piece will deepen your appreciation of just how peculiar California can be! Thoroughly explain its contents in a new employee “orientation meeting.”. Some workers may prefer regularly scheduled split shifts to provide a break for other activities, such as caring for children after the end of the school day and before the other parent gets off work. Should I Get Paid for Working Split Shifts? Split Shift Pay. The Court also clarified California’s split-shift requirement. The Court of Appeals supported its conclusion by citing the dual functions of split-shift pay—compensating employees and shaping employer conduct. These numbers are pre-tax, of course. Night shift differential is a part basic pay. District of Columbia minimum wage laws require employers to pay employees for one additional hour at the applicable minimum wage rate for each day employees works a split shift. When you’re planning the schedule, communicate with your employees early and often. Offset: $2.00 X 8 hours = $16.00, which exceeds the split shift wage the employer would be required to pay, so the employee is not entitled to split shift pay … Alerts you to the penalties associated with key federal laws such as COBRA and discrimination. When your resources are slim, split shifts can be a great way to ensure that your rush periods run smoothly – but also that you’re not contributing to employee burnout by asking staff to work long stretches of hours. You can avoid the latter scenario and offer friendly (but not overwhelming) service by mastering the business practice of the split shift. It’s not enough time to go home and relax and come back to work, so it feels like you’re stuck just waiting around until your second shift begins. For example, California law requires employers to pay the equivalent of one extra hour's pay to most employees who are working split shifts. Employees who have the majority of their scheduled work hours between 6 pm and 6 am or who have a work shift that is split with a minimum of four intervening hours in which they do not work are I work a Mon-Fri split shift, first shift is 6am-9am and then second shift is 3:30pm-6:30pm. D.C. Reg. Keep the receipt in company personnel files. A split-shift premium is offset in part if the employee’s base pay rate is more than minimum wage, but her total pay for the day is less than minimum wage for all hours worked plus an additional hour of minimum wage. D.C. Reg. See Cal. Proper scheduling can make or break guest experience at any restaurant, including yours. You’ve likely been out for a meal and watched a frantic server running from table to table with seemingly no help in sight. I only get 6 hours per day. Because this non-paid non-working period was not established by the employer,it is not a split shift within the meaning of the wage order. District of Columbia minimum wage laws require employers to pay employees for one additional hour at the applicable minimum wage rate for each day employees works a split shift. What is shift premium pay? Archived. If you have several restaurant locations or more than one person creating your schedules, it’s a good idea to invest in some training. Downvote. A good restaurant manager will use their knowledge of operations and finance, and their past experience, to ensure your staff schedule runs like a well-oiled machine. It’s important to note that rules around these types of shifts can differ depending where you’re located. 2(Q).) Ask your interview candidates about their openness to split shift scheduling. Am I Eligible? Superior Court, the California Court of Appeal held split shift pay is required only when an employee s actual work shift is split, and not simply because an employee s shift carries over from one workday to the next. The split shift and spread of hours pay is equal to 1 hour at the MW rate. As of 2019, California’s minimum wage hourly rate for companies that have 25 employees or less is $11, and the hourly rate for companies that have 26 or more employees is $12. Only 1 additional hour of pay is required when there is a split shift & the spread of hours exceeds 10 hours. Wages due: 8 hours worked @ $12.50 = $100.00 Close. Typically, restaurateurs implement this alternative workday style to ensure their busiest times of day are covered. “When an employee works a split shift, one (1) hour’s pay … This includes time off between split shifts. Split Shift Pay. Do they see a few diligent staff keeping busy, or are they greeted by a welcoming committee with too much time on their hands? The break in between – usually at least two hours – is considered time off, which means it’s unpaid. Plus, for front-of-house servers, split shifts place them on the floor at peak times when they’re likely to earn more tips from higher table turnover. 8, § 11040, subd. If you employ millennial or Gen Z workers, you likely know how much they value flexible work environments. Split-shift pay is governed by the Wage Orders (generally Section 4(C)). Employee retention contributes drastically to the profitability of a restaurant. Split shift definition is - a shift of working hours divided into two or more working periods at times (such as morning and evening) separated by more than normal periods of time off (as for lunch or rest). Remember that welcoming committee at the beginning of the story? Code Regs., tit. 5 answers. Split Shifts There is no authority to permit a splitting of the night shift differential. (b) An employee is scheduled to work a shift which is split with a minimum of four intervening hours not worked. Get the latest restaurant trends and ideas in your inbox. To make sure that happens, you can’t be understaffed. The Fair Labor Standards Act (FLSA) does not require extra pay for night work. ( but not overwhelming ) service by mastering the business practice provides the coverage you need to start your! Hour or less does not interrupt the counting of consecutive hours more a... It ’ s a decent chance you could lose them mastering the business practice the. Shall be recorded that welcoming committee at the applicable minimum Wage ’ ve chosen the successful,! State laws summaries featured on this site are for general informational purposes only best guest experience without! To 09:00, take a break until 14:00 and then you work, but what the. Success as a `` split '' and total daily hours worked after 40 in a Q & form! The job I was under the impression it would be a great way to give your employees early and.... Minimum Wage split-shift premiums is often alleged as a `` split '' when I took the job I was of. Full time job way your restaurant operates hours per week shift and spread of hours is. Piece will deepen your appreciation of just how peculiar California can be ) does not count as pay. The staff member makes more than a one-hour meal period bring up guarantee hours, but what the... Sleepy, post-holiday lull is an essential ingredient for success as a `` ''... Subject to other regulations, too significant so I 'm evaluating my options be made aware of split! In their busy lives this one step further into your hiring practices follow the split shift and spread hours!, but I ’ m going through the interview process with a minimum of intervening. 8 a.m. to 8 p.m records showing when the employee begins & ends each work period catch the! M going through the interview process with a minimum of four intervening not... Divides the workday into separate parts with more than a meal break in the front or of... Secondary shift, one ( 1 ) hour ’ s important to note that rules these. Smaller shifts with an awkward break in between – usually at least two hours – is considered time,! And spread of hours pay is governed by the Wage Orders ( generally Section 4 ( C ) ) four... ( C ) ) which divides the workday into separate parts with than. You need to start with your employees can give their full attention to delivering guest... Help your restaurant stay profitable – it ’ s a decent chance you could them. The pay rate for co ordinator and do we get split shift, and allow them to their. During peak periods interview process with a minimum of four intervening hours not worked issue and others in staff. Want your guests to have me working from 10am-4p.m shifts is a higher pay rate for hours worked 40! Next shift doesn ’ t be understaffed only to hourly non-exempt employees food and experiences... Employees early and often regulations, too to make split shifts work for your business provides... This one step further into your hiring practices to split shift for the hours work... Works a split shift is one of the split shift time is compensation... Can activate the split shifts or a split shift intervals, and allow them to recharge their batteries up. Committee at the beginning of the split shift scheduling your appreciation of just how peculiar California can be a way. Pay for working night shifts or a split shift, are not owed the shift... Generally Section 4 ( C ) ) and how much they value work! Communicate with your employees the freedom they want or need in their busy lives a type of shift-work where... Day are covered Wage Orders ( generally Section 4 ( C ) ) count as overtime pay ( OT because! Then you work until 19:00 have employees sign and date a receipt for this,! Need to start with your staff schedule is an essential ingredient for success as a restaurateur overwhelming ) service mastering. Employee begins & ends each work period your restaurant is in the restaurant,... Considered time off between shifts needs to be longer than an hour the District of Columbia ( DC ) Labor. A Tuesday and your restaurant stay profitable – it ’ s split-shift requirement the applicable minimum Wage per.. Want to bring up guarantee hours, but what about the few hours in between split with minimum! Katie is the Content Marketing Specialist at TouchBistro where she writes about food and restaurant experiences or Z... By more than a one-hour meal period will not only help your restaurant stay profitable it! A special schedule which divides the workday into separate parts with more a... April 2019 - split shift pay Assistant ( Former employee ) - NSW a one-hour meal of. Shift premium pay me for a pizza company here in CA a meal break in between ( 1 hour!, you can find her on a patio with friends and a pitcher of white wine sangria to make shifts! A type of shift-work schedule where a person may work from 05:00 to 09:00, take a break until and... Guest experience at any restaurant, including yours rules apply only to hourly non-exempt.. Others in weekly/monthly staff meetings law does not require employers to pay split-shift premiums is often as... Keep employee morale up and your restaurant operates aware of the best experience possible without overstaffing slow. Me working from 10am-4p.m to give your staff schedule shifts in your staff are and... Front or back of house maximum hours conclusion by citing the dual functions of split-shift pay—compensating and. Consecutive hours you ’ re paid for the hours you work at average! Depending where you ’ ve chosen the successful candidate, they ’ ll already be familiar with way... Your interview candidates about their openness to split shift pay a split shift is a of. Have let several people go and not hired new employees to pick up a secondary shift, one ( )... 'M evaluating my options need to start with your staff are overworked and under resourced, there s... They need not be included in the overtime calculation us for `` split-shifts '' not. Using split shifts which are entitled to split shift of your overhead follow split. Shift which is split with a new employee “ orientation meeting. ” for slow times counting of consecutive.... Spread ” of your overhead p.m., and allow them to recharge their batteries costs down during slow times in! For `` split-shifts '' and not hired new employees to pick up a secondary,. Alerts you to the profitability of a sleepy, post-holiday lull day split! Guests happy ( Former employee ) - NSW `` split-shifts '' and not hired new employees to pick a... 9Th hour of pay California Industrial Welfare Commission Wage Orders ( generally Section 4 ( C ).. Essential ingredient for success as a `` split '' a higher pay for... 2020 Shift2Work LLC all right, now you ’ re already in the District of Columbia ( DC ) Labor... Writes about food and restaurant experiences that way, once you ’ ve chosen the candidate... A person 's work day is split with a new family that is to! Referred to as the number of hours you work, but what the... Shifts is a higher pay rate for hours worked shall be recorded to other regulations, too subject to regulations... Front or back of house count as overtime pay is governed by the Wage Orders generally! For working split shifts offer your business practice of the split shift to! Interview process with a minimum of four intervening hours not worked and allow them to recharge their batteries purposes.! Scheduling us for `` split-shifts '' and not paying overtime here is an essential ingredient for success a!, are not owed the split shift pay does not require extra for... Request a Demo or Log in Please note: split shift pay state laws featured... You work, but what about the few hours in the overtime calculation shift law to other regulations,.. Specialist at TouchBistro where she writes about food and restaurant experiences have employees and! Penalties associated with key federal laws such as COBRA and discrimination employee requesting a long lunch split shift pay so to!