Legal Question in Employment Law in California

If an hourly employee is called back to work, after already working a full day, are we required to pay them more than the hours actually worked, or are there minimum hours due this employee? We are in CA. Could you quote the Labor Law which addresses this issue? Thank you.


Asked on 8/23/10, 10:52 am

1 Answer from Attorneys

There is a one-hour split-shift premium due, but only if the total hours worked times the employee's regular rate would be less than the total hours worked, plus one, at the minimum wage. So it only applies to workers at or near minimum wage. For example, if an employee makes $8.50/hr and you split their shift, so they work 3 hours and then come back for four hours, they would earn only $59.50 at their regular pay, and $64 at minimum wage with the premium, so the premium applies. At $9/hr regular pay the premium evaporates. There is also a reporting time requirement that is not wage dependent. Any time an employee is required to report for work, they are entitled to be paid for at least half a regular shift, up to four hours (and not less than two). Lastly, if the employee has already worked eight hours, you will have to pay overtime when you call them back. I can't cite you to the specific authority, because it is contained in the industrial wage order for each industry. So without knowing what industrial classification you are under, I don't know what wage order to refer you to.

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Answered on 8/29/10, 11:54 pm


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