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Do I Get Paid for Working Split Shifts in California?

When you work a split shift, your schedule is interrupted by a period of time established by the employer. This time is non-paid and it consists of non-working hours that are separate from meal or rest breaks. Split shifts are typical in the food and beverage business. California waiters and waitresses, for example, typically work split shifts since their employers often require that they work both lunch and dinner shifts. The employer may decide that such downtime between lunch and dinner shifts will be considered non-paid, non-working hours.

In California, if an employee works two shifts, he or she is entitled to receive an additional one hour of pay at the state’s minimum wage rate. The employee is entitled to this pay in addition to the regular earnings he or she would have received on that day. Should an employer fail to properly pay an employee for the split shift, the employer could be found liable and ordered to compensate the employee for the split shift wages due, plus pay penalties as a result. It is advisable, however, to pursue these claims with the assistance of an experienced attorney. Not only can an attorney offer legal advice, but he or she can also analyze your time and pay records for split shift and other violations to help you calculate the amounts you have been shorted.

According to California law, if you are not receiving additional pay for working split shifts, you may be entitled to compensation. Keep in mind, however, that lawsuits involving split shifts can be difficult due to nuanced wage and hour regulations. Don’t tackle such a case by yourself; instead contact an experienced attorney. The lawyers at CounselOne have the legal knowledge you need to navigate complex California employment laws. Contact us to schedule a free consultation.

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