Last month we discussed the effect that California’s new minimum wage of $10.00 has on salaried employees.  This month, we tackle the effect on employees who work split shifts.

Many employers (such as restaurants) have employees who work a morning shift (e.g. 9am-noon) and then an afternoon shift (4pm-9pm).  California regulations require employers to pay a split shift premium of one hour’s pay if their employees only make the minimum wage.  Under the old $9 an hour rate, if an employee was paid $9 an hour and worked 9am-noon and 4pm-9pm, the employee must be paid at least $81 or an effective hourly rate of $10.13.  Under the new $10 minimum wage, if an employee is paid $10 an hour and works 9am-noon and 4pm-9pm, the employee must be paid at least $90 or an effective hourly rate of $11.25.  Therefore, the increase in the minimum wage also effects whether an employee receives a split shift premium.  If an employer already pays its employees at least $11.25 an hour, it will not have to pay any premium for having them work a split shift.

 

Many wage and hour regulations are tricky and non-intuitive.  Make sure to consult with an employment law attorney if you have any concerns regarding whether your practices and procedures comply with California’s myriad of requirements.

Worker Factory

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About Douglas A. Plazak

Doug Plazak is a Partner with the Riverside law firm of Reid & Hellyer. Doug joined Reid & Hellyer in 2007 and focuses primarily on business litigation and employment law. He also practices bankruptcy law, representing both creditors and borrowers.

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