Legal Question in Employment Law in California

An employee works a few hours in the morning, punches out to go play in a soft ball team with several other company employees. Comes back after the game and punches in to return to work. There is a 2.15 hours gap. Do we owe him split shift pay?


Asked on 8/25/10, 8:00 am

1 Answer from Attorneys

Only if he earns minimum wage or very slightly more and is non-exempt. The rule is you take his pay without any split shift premium; just the hours worked at the hourly rate. Then you take the hours worked plus, one hour, times the minimum wage. Whichever is higher is what you must pay. So for an eight hour split shift, the split shift pay goes away at $9/hr. based on the current $8/hr. minimum wage.

Read more
Answered on 8/30/10, 8:41 am


Related Questions & Answers

More Labor and Employment Law questions and answers in California