Under California law, employees who work a “split shift” are entitled to one hour’s pay at minimum wage in addition to at least the minimum wage for that workday. But what, exactly, is a split shift? Guest columnist Cathleen Yonahara of San Francisco-based Freeland Cooper & Foreman, LLP explains.
In the following case, the employees argued that they were entitled to split- shift pay whenever they worked shifts spanning midnight on two consecutive days. The trial court agreed, but the appellate court had the final word.
Class-Action Wage/Hour Lawsuit
Michael J. Holland, David Richardson, and Geraldine Evans filed a class-action complaint against Securitas Security Services USA, Inc. They sued for wage and hour violations, including failure to pay mandatory split- shift pay.
Securitas asked the court to dismiss the employees’ claim for split-shift pay. The employer argued that an uninterrupted work shift that spans midnight and falls on two calendar days and two workdays is not a split shift. Further, it contended that a split shift doesn’t occur if an employee ends an overnight shift in the morning and begins another overnight shift late in the evening of the same workday.
The employees argued that a split shift occurs whenever an employee works two nonconsecutive periods in the same workday — for example, when a shift begins on one workday and ends on another and the employee returns to work several hours later on the second workday.
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They further claimed that Securitas failed to pay split-shift pay not only when employees worked shifts spanning midnight on consecutive days but also when they worked nonconsecutive periods in the same workday without working past midnight.
The trial court concluded that a split shift occurs whenever an employee works two nonconsecutive periods in the same workday. The court refused to dismiss the employees’ split-shift claim, and Securitas appealed.
Mandatory Split-Shift Pay
The California Industrial Welfare Commission regulates wages and other working conditions in California through its wage orders. Wage Order No. 4, which covers professional, technical, clerical, and mechanical occupations, applies to this case. Section 4 of the order provides:
When an employee works a split shift, one (1) hour’s pay at the minimum wage shall be paid in addition to the minimum wage for that workday, except when the employee resides at the place of employment.
The order defines a “split shift” as “a work schedule, which is interrupted by non-paid, non-working periods established by the employer, other than bona fide rest or meal breaks.”
Tomorrow, we’ll tell you what the appeals court concluded. We’ll also tell you about an upcoming wage/hour webinar you won’t want to miss — specifically for California employers.
Download your free copy of Who’s Entitled To Overtime: How To Avoid Mistakes When Classifying California Employees today!