Legal Question in Employment Law in California
My Boss is changing my schedule for me to work from 7am to 5 pm but is making me take a hour and a half lunch so she does not have to pay me overtime, is that legal in California?
Asked on 12/04/12, 10:22 am
2 Answers from Attorneys
Charles Perry
Law Offices of Charles R. Perry
It is not illegal to require a California employee to work a split shift, such as the one you describe. In certain cases, however, the employer may be liable for a premium of up to one hour at minimum wage for each day of split-shift employment.
Answered on 12/04/12, 10:35 am
She would still owe you 1/2 hour OT in that case, by the way. As for split shift pay, unless you are making only minimum wage or very close to it, the recent Supreme Court interpretation of the split shift statute will no require her to pay you a split shift premium either.
Answered on 12/04/12, 3:31 pm
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