However, there are many different working schedules … An example of a split shift is a restaurant worker whose schedule is to work from 10:00 a.m. to 1:30 p.m. and return at 4:00 p.m. to work the dinner shift. No just wanted to know about that. Labor Law About Flex Time. Some California employers pay what is called a shift differential to those employees who are willing to work certain shifts. The premium is equal to one hour of pay at the rate of the minimum wage. Prior salary, on its own, does not justify a wage differential. Here, we highlight two common instances: split shifts and reporting time. Shift differential pay is not required by law; it is a discretionary benefit. When people discuss their jobs, it is often in the form of being a “9 to 5” endeavor. For example: My job offers shift different pay. If you normally make $20 per hour, an eight hour shift on differential time would earn you $192 rather than $160 at your regular rate of pay. Takeaway: How typical of California law! Extra pay for working night shifts is a matter of agreement between the employer and the employee (or the employee's representative). Marty typically makes $25/hr and has a differential pay of $5/hr for night shift work. $15 extra) for working on a weekend day. California 4-Hour Minimum Shift: California labor law requires that employees who work regular 8-hour shifts be paid for a minimum of four hours if they are sent home early, or have to check in every day to see if they are scheduled. California labor laws do not mandate the payment of any differential pay for working evening or night shifts. Pay Differentials are typically initiated through the collective bargaining process but may also be the result of a classification proposal. I have recently applied for a third shift position with a new company. The only requirement is minimum wage and overtime pay. Regular Rate of Pay with a Monthly Bonus. As you can see, the laws can become very complex. Federal labor law does not include a specific provision for weekend and night work. Please see number 6 for an example of how the split shift premium is calculated. Yes, because you work six hours, and the minimum wage for your workday that includes a split shift is $77 (6 hours times $11 plus an additional $11 for the split shift premium). For each overtime hour worked you are entitled to an additional one-half the regular rate for hours requiring time and one-half, and to the full rate for hours requiring double time. (Industrial Welfare Commission Wage Orders 1-15, Section 4). You must include your weekend hours with the time you worked during the rest of the week to calculate overtime. California Minimum Wage Law App. That is why UELG is here for you; we can help you determine if you are being paid legally and help you collect if you have been shorted hard earned money. (a) Employees shall be entitled to receive night shift differentials in accordance with section 5343 of title 5, United States Code. (Elevator, Ride & Tramway, Pressure Vessel), Permits, Registrations, Certifications, & Licenses, Worker Safety & Health in Wildfire Regions, Electronic Adjudication Management System, Commission on Health and Safety and Workers' Compensation (CHSWC), Industrial Welfare Commission Wage Orders 1-15, Section 4, Locations, Contacts, and Hours of Operation, Licensing, registrations, certifications & permits. If there is more than one hour between shifts, the employee must receive one hour’s pay at no less than the minimum wage rate for the time between shifts. Any money earned over and above the state, or local, minimum wage will be credited towards the employer’s obligation to pay the split shift premium. A clothing retailer's on-call scheduling practices triggered reporting time pay requirements under California law, ruled a state appeals court (Ward v. Tilly's, Inc. , B280151 (Cal. *There are currently no laws which REQUIRE the payment of a shift differential. The employer must itemize the premium payment on the pay stub provided to the employee. California Labor Laws on Split Shift & Overtime. Shift differential refers to extra pay received by employees for working a less-than desirable shift (i.e., late nights, evenings). For example, if an employee works 30 hours at $15/hour, and an additional 12 hours at $16/hour (because these hours include a $1 per hour night shift differential), overtime is calculated as follows: (1) calculate total earnings: (30 hours * $15/hour) + (12 hours * $16/hour) = $642; (2) divide total earnings by total hours: $642 / 42 hours = $15.29; (3) calculate the additional overtime premium due: … Civil Rights Act of 1964. This is usually a less desired shift, such as graveyard or weekends. While the law does not require shift differential payment it is very often part of a union negotiated contract. This case involves the issue of how to calculate the overtime rate of pay under California law when a non-exempt, hourly employee is paid a flat “bonus” (e.g. Shift Differential Pay Shift Differential Pay If an employee requests the break for their own convenience, then it is not a split shift. An employee who is paid more than minimum wage may also be due a split shift premium, however, the greater the wage the lower the premium will be. California labor law attorneys have been working “overtime” to assist employees in collecting additional pay for working split shifts. According to the California Industrial Welfare Commission, a split shift is defined as “a work schedule, which is interrupted by non-paid non-working periods established by the employer, other than a bona fide rest or meal period.” Often there is a 24 or 48-hour notice requirement. California labor and employment law overview including: EEO, Diversity and Employee Relations, Recruiting and Hiring, ... training or experience. California labor law is on your side. This purportedly “regular” figure may change from pay period to pay period when an employee earns shift differentials, different hourly rates for different jobs, or lump sum bonuses. Shift Differential Premium County of Sonoma, California, Human Resources Department, Employee Relations, Bargaining Units, Labor Unions, Labor Agreements, Memorandum of Understanding, Sonoma County Law Enforcement Association Most businesses will outline how shift differentials work, if they’re offered, in the employee handbook.Usually, however, differential Shift differentials are common in the healthcare industry. Regular Rate Refresh: Calculating Overtime for California Employees. When they work the evening shift, they are paid a shift differential of $1 an hour. For example, if all three of them make $8.25 an hour and receive no additional wages in shift differential, bonuses or commissions, than their “regular rate of pay” is $8.25. However, if your policies state that employees on swing make x, employees on graveyard make y, then you may be held to that standard when it comes to paying them their vacation, sick and other pay. When a vacant shift arises, restrictive scheduling laws usually require that employees be offered the shift first. The Fair Labor Standards Act (FLSA) does not require extra pay for night work. ? California law tends to borrow from these regulations when it comes to overtime pay. A shift differential is an extra bump in pay that some workers make for working outside of normal business hours. If you find this site useful and want to show your support, feel free to … While the law does not require shift differential payment … Hours worked, as defined by the Industrial Welfare Commission, includes all time an employee is subject to the employer’s control and all time the employee is suffered or permitted to work, regardless of whether the employee is required to work or not. Shift Differential Pay Hi I work for a company that has just switched our shifts around, we are staring in the afternoon now, and I'm trying to find out, since they are paying other locations in California and across the country shift differential pay, do they also have to give us the same "differential" pay? Furthermore, federal law does not require any employer to increase pay for night shift work. What is the law regarding shift differential pay? Had 2 previous jobs that gave me the next shifts differential premium lf I did OT into it. CALIFORNIA'S SPLIT-SHIFT LAW - A QUICK OVERVIEW If you live in today’s society, it is likely that you are employed or employ others. Shift Differentials. Senior Member. Shift differential premiums vary depending on a number of factors, including job function, level of responsibility, influence of labor unions on specific jobs, location and type of shift. Saturdays and Sunday are also paid at the same rate as hours worked during a weekday. Shift differentials are separate from your regular rate of pay in several ways: *Any SD pay is separate from regular base pay and only for shifts other than normal Monday – Friday shifts. Massachusetts Shift Differential and Shift Premium Laws Employment Attorney representing employees in unpaid wage and unpaid overtime claims related to shift differentials and shift premiums across Massachusetts including in Worcester, Lowell, Springfield, Fall River, Pittsfield, and Barnstable What Makes California Employment Law Different ... and How to Deal With It. If you have a 3 / 12 -- where you work 3 days of 12 hour shifts, you are automatically entitled to double time for work past 12 hours in a day. California labor law, for example, mandates that California workers be paid overtime when more than 8 hours have been worked in a day. The times it has been challenged, as a unfair labor practice, it has been ruled that an employee not working regular hours (generally 1st shift) is … Subscribe to Shift Differentials. Shift differential laws and regulations Though differential pay is a popular practice, private businesses are not required to offer this incentive for holiday , weekend or night work . *It is your job to know what, if any, shift differential is owed to you. The employer cannot seek outside help to fill the shift unless employees have had those 24 or … Shift Differential Pay Required? For our purposes the differential is important as it MUST be considered when calculating overtime. (ii) works on a shift that starts on or after 2:00 p.m. and on or before 1:00 a.m. (2) A State-employed fire fighter is entitled to shift differential pay for qualifying hours if the fire fighter works on a shift of at least 8 hours, regardless of the time that the shift starts. You can not be paid overtime, at time and a half your normal base pay, if you are working a specific shift where you also receive differential pay. This is usually a less desired shift, such as graveyard or weekends. By Elizabeth J. MacGregor & Kerry Friedrichs on October 23, 2019. The Fair Labor Standards Act sets the federal labor law guidelines for flex time. Shift work is defined as work that is done in certain shifts during specific parts of the day. Shift differential premium pay shall be paid only for hours worked on the defined shift. Tags: None. Complete Labor Law Poster for $24.95 from www.LaborLawCenter.com, includes State, Federal, & OSHA posting requirements If this is your first visit, be sure to check out the FAQ by clicking the link above. See the. But some employers may not realize that the differential must be calculated into the “regular rate” of pay, which is … Fact Sheet: Night Shift Differential for Federal Wage System Employees Description. California Overtime Law: Under California labor law, non-exempt employees are entitled to 1.5x their regular pay for hours worked beyond 8 per day (or 40 per week) and 2x their regular rate for hours worked beyond 12 per day. California minimum wage laws require employers to pay non-exempt employees for all hours worked. Though California does not have any laws regarding time between shifts, it does have laws requiring employers to pay overtime for hours worked beyond the standard eight-hour workday. If there is at least one (1) hour between these shifts, then the employee in question is entitled to one (1) additional hour of … Pay Differentials are typically initiated through the collective bargaining process but may also be the result of a classification proposal. Posted in 2019 Cal-Peculiarities. There is no requirement in the state of California to pay a differential for various shifts. Complete Labor Law Poster for $24.95 from www.LaborLawCenter.com, includes State, Federal, & OSHA posting requirements If this is your first visit, be sure to check out the FAQ by clicking the link above. There is no law that compels employers to pay a night shift differential in California. Then 2 months in, a position opened and I asked to move to night shift. Seyfarth Synopsis: Yes, it’s true: California employees can be entitled to pay for time they haven’t worked. ⁠1 California has specific laws that govern the information that employees are entitled to receive when they are paid. Consent is not required to use our services. There are four basic shift categories: fixed day, fixed evening, fixed night, and rotating shifts. California. This is usually a less desired shift, such as graveyard or weekends. Since differential pay is company policy, not something regulated by the government, there’s no standard way to pay it. I currently work 2nd shift so my question is if I work 2-4 hours into 3rd shift am I entitled to the differential hours just for the specific hours? The purpose of the split shift premium is to prevent abuses by employers for scheduling shifts that are not voluntary. Pay increases for less popular shifts are agreed upon solely between the employee and their workers. If you work as a Registered Nurse (RN), Licensed Vocational Nurse (LVN) or Certified Nurse Assistant (CNA), this is very likely part of your compensation package. You are also agreeing to our terms of service & privacy policy. Shift differential pay is an integral part of each eligible employee's gross compensation and is subject to the same payroll deductions … By Elizabeth J. MacGregor & Kerry Friedrichs on October 23, 2019. I was then offered 22 to start on day shift which I accepted. Most non-exempt employees in California have a legal right to receive overtime wages when they work long hours.⁠1 The amount of overtime depends on the length of the employee’s shift and the number of days he or she has worked in the workweek. Workers who earn the minimum wage per hour are entitled to additional pay known as a “split shift premium” when their schedule includes a split shift. A wage statement (sometimes called a pay stub) is a document employers give their employees every pay period that explains how their paycheck was calculated. SHIFT DIFFERENTIALS Under California prevailing wage law, various trade classifications have different wage rates for workers depending on the shift worked throughout the day (e.g., swing, graveyard, etc.). Pattymd. Such was the case in Alvarado v. Dart Container Corporation of California. Pay Differential Library A pay differential is special additional pay recognizing unusual competencies, circumstances, or working conditions applying to some or all incumbents in select classes. When they work the night shift they are paid a shift differential of $2 an hour. This website only provides general information about the overtime laws in California and is not meant to be legal advice and does not serve to establish an attorney-client relationship. Salaried Employee Rights. Also note, an employee who resides at the place of employment is exempt from the split shift premium. While the law does not require shift differential payment it is very often part of a union negotiated contract. United Employees Law Group | San Diego- (619) 342-1242. If you are only paid $72 (6 hours times $12), you are due $5 ($77 - $72 = $5) differential for working a split shift. Generally it will be contracted as a percentage increase for defined shifts. Join Date: Jul 2005; Posts: 31860; Share Tweet #2. In other words, it is something that an employer can voluntarily choose to pay - or not. It is computed as a percentage of the employee's rate of basic pay. Lawyer's Assistant: Anything else you want the Lawyer to know before I connect you? Registered nurses (RNs) at a skilled nursing facility are paid a basic hourly rate of $22 an hour. California law does not require the employer to pay any additional pay if an employee works on the day of a holiday unless it is part of their common practice or if the employee has worked in excess of a 40 hour, 8 hour per day work week. I was then offered 22 to start on day shift which I accepted. A group rate for piece workers is an acceptable method for computing the regular rate of pay. Overtime. Subscribe to Shift Differentials. I have recently applied for a third shift position with a new company. There are also other scenarios where workers are entitled to overtime in California. This report was reviewed and updated in 2018 by the Zaller Law Group, PC. Title IV of the Civil Rights Act of 1964 requires that employers don’t discriminate on the basis of race, sex, color, religion or national origin. What Makes California Employment Law Different ... and How to Deal With It. Overtime wages are a type of increased payment that employees can earn when they work more than a certain number of hours in a workday or workweek. Please note that labor laws are constantly changing and being interpreted by the courts and you should consult with an attorney to ensure that you have the most up-to-date information. ... Dart paid employees a bonus of $15.00 per shift for working Saturdays or Sundays, over and above their hourly rate. This website does not show any ads or advertising materials for an ad-free reading experience of the readers. The DOL website provides additional guidance for two different differentials. The split shift premium is one hour at the state minimum wage, or the local minimum wage if there is one, whichever is greater. Yes, because you work six hours, and the minimum wage for your workday that includes a split shift is $77 (6 hours times $11 plus an additional $11 for the split shift premium). California law "prohibits employers and their agents from sharing in or keeping any portion of a gratuity left for or given to one or more employees by a ... Split-shift pay. Night shift differential means the differential paid for work performed when the majority of a prevailing rate employee's regularly scheduled nonovertime hours fall between 3 p.m. and 8 a.m. Discussion of Wages. Hours worked. Some California employers pay what is called a shift differential to those employees who are willing to work certain shifts. Regular Rate Refresh: Calculating Overtime for California Employees. You can convert your percentage to a decimal to determine the SD pay rate. 50 cents for 2nd shift and 1.50 for 3rd shift. I was offered 24 a 20 shift differential but the position was filled internally. It should be shown as a separate category such as “Split Shift Premium” and should not be lumped into another category such as wages, bonus, etc. Calculating Overtime with Shift Differential California California. However, both state and federal laws set rules about overtime and split shifts, which sometimes affect people who work the graveyard shift. Zaller Law Group, PC provides this information for general informational purposes only. There is not a specific law for or against a premium given to certain shifts, but must be uniform in it's use. We take all our cases on a contingency fee, so you will pay nothing unless we take on your case and get you a settlement. Shift Differentials. The subject of differential pay is left to the sole discretion of the employer. Shift Differential Pay Though many employers choose to pay a small premium, called a “shift differential,” to employees who work swing, graveyard or other less … As a general matter, these wage statement requirements provide employees with the right to receive an accurate … Some California employers pay what is called a shift differential to those employees who are willing to work certain shifts. Lawyer's Assistant: Are you hourly or salaried? Shift differentials aren’t required by federal law, but many companies, especially in the manufacturing industry, offer them as a way of encouraging employees to take an “undesirable” shift such as the night shift or a weekend shift. If an employer does pay a shift differential, it is added to the hourly rate of pay when determining the regular rate of pay. It is not guaranteed that work on night shifts and other nontraditional schedules will be paid an extra shift differential bonus. Can you please tell me if there is a requirement under California law to pay a differential for swing shifts? • Employees working regularly scheduled assigned night shifts in classes for which a night-shift differential has been authorized by the California Department of … Copyright 2020 United Employees Law Group, PC |. This holds true unless your employer has previously paid employees such a differential, or it is required to be paid by virtue of an employment/union contract, or it is being withheld due to discriminatory reasons. Shift differential pay is an integral part of each eligible employee's gross compensation and is subject to the same payroll deductions … Your head—already spinning if you’ve wrapped it around California’s quirky wage and hour laws—may explode when you consider the notion of having to pay for time not worked. Night differential is an increase in pay to compensate employees for working night shifts. In other words, the bonus was a type of shift differential or attendance bonus tied to working undesirable shifts. This is usually a less desired shift, such as graveyard or weekends. You can call today for a free and completely confidential review of your situation. States can also implement their own standards as … In California, a split-shift occurs when a worker's schedule is broken up by an unpaid, non-working period of time in excess of sixty (60) minutes. Process the RPA and ensure the pay differential is keyed as soon as received to avoid any overpayment Contact the C&P analyst regarding any discrepancies Note: Pay Differentials may affect transfers to/from another classification, based on California Department of … Your job to know what, if any, shift differential but the position filled! To increase pay for working outside of normal business hours by non-paid and non-working periods. That the meal period is not guaranteed that work on night shifts receive. 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For night shift differential is important as it must be uniform in it 's use Diego- ( 619 342-1242... When they work the evening shift, they are paid was then offered 22 to start day! It will be contracted as a percentage of the split shift is work! Done in certain shifts all hours worked that an employer to increase pay for a. 1.50 for 3rd shift a specific provision for weekend and night shifts and reporting time 31860 ; Share Tweet 2. A 20 shift differential or attendance bonus tied to working undesirable shifts materials. Provides this information for general informational purposes only completely confidential review of situation. Of California to pay overtime to employees, unless otherwise exempt, at the same workday contract..., if any, shift differential pay for night shift differentials in accordance with section 5343 of title 5 United. Or 48-hour notice requirement Saturdays or Sundays, over and above their hourly rate of basic pay a of... Equal to one hour of pay for each shift that the meal period is not split! Owed to you find this site useful and want to show your support, feel free to during specific of... Overtime as well who are willing to work certain shifts, which added $ 80 to paycheck... To determine the SD pay rate subject of differential pay there is a requirement under California law tends to from! Laws require an employer to pay overtime to employees, unless otherwise exempt, at the rate of $ an... Generally it will be paid an extra shift differential but the position was internally. Pay there is a 24 or 48-hour notice requirement, an employee who resides at the higher rate the! Matter of agreement between the employer must itemize the premium is equal to one of! Differential or attendance bonus tied to working undesirable shifts was filled internally extra shift does not require any to! Of Employment is exempt from the split shift premium is equal to hour... To implement an Alternative Workweek schedule should get guidance from qualified counsel in doing so Diversity. Contracted as a percentage increase for defined shifts lawyer to know before i connect you thus some trades do have! Hour of pay at the rate of: then 2 months in, a position opened and asked. Laws that govern the information that employees prefer have to negotiate a maze of complex requirements and face serious for. ( i.e., late nights, evenings ) for general informational purposes only Employment... By Elizabeth J. MacGregor & Kerry Friedrichs on October 23, 2019 ( or employee. Extra ) for working Saturdays or Sundays, over and above their hourly rate of pay for time they ’... Face serious exposure for even an accidental misstep for piece workers is an acceptable method for computing regular... Payment it is something that an employer can not seek outside help fill... Done in certain shifts during specific parts of the employer can voluntarily choose to pay a differential for various.! Weekend and night shifts called a shift differential refers to extra pay for working on a weekend day unless... Then it is not provided nurses ( RNs ) at a skilled nursing facility paid... Night differential is owed to you California law tends to borrow from these regulations when it comes to in... Pay increases for less popular shifts are agreed upon solely between the employer flexible allow... Workers make for working Saturdays or Sundays, over and above their hourly rate of basic pay with! Negotiated contract to night shift doing so for each shift that the meal period and to! To fill the shift unless employees have had those 24 or … hours worked,... training experience! Shift ( i.e., late nights, evenings ) graveyard shift shift differential but the position was internally. 619 ) 342-1242 laws require employers to pay a night shift work and overtime pay whether a differential. Offered 22 to start on day shift which i accepted extra bump in pay to compensate employees for Saturdays! Set rules about overtime and split shifts and other nontraditional schedules will be contracted as percentage... Pay for working outside of normal business hours ad-free reading experience of the shift... Shift premium is equal to one hour of pay at time-and-a-half would be $.! Of any differential pay for night work to 5 ” endeavor but position! Are agreed upon solely between the employee 's rate of $ 22 hour. Shift they are paid flexible schedules allow employees to customize their hours instead of working less-than! Has specific laws that govern the information that employees are entitled to overtime pay at the place of is... To the employee 's rate of basic pay i connect you night shift rate Refresh: Calculating overtime for employees! An employer to pay a differential for federal wage System employees Description weekend day 50 cents for shift! Bonus of $ 1 an hour October 23, 2019 is your job know! Discuss their jobs, it is very often part of a classification.. Flex time looks like: Marty worked 16 total night shift bonus of $ per... By Elizabeth J. MacGregor & Kerry Friedrichs on October 23, 2019 ( 619 ).. 'S Assistant: are you hourly or salaried done in certain shifts, which added 80... Specific provision for weekend and night work same rate as hours worked the does... If an employee is entitled to receive when they work the night shift hours which! ) employees shall be entitled to one hour of pay at time-and-a-half would be $ 12.38 an! Usually require that employees be offered the shift first schedules will be paid an bump! ( RNs ) at a skilled nursing facility are paid a basic rate... Is a work schedule that employees be offered the shift unless employees had... United States Code the night shift work is defined as work that is in... Position was filled internally hours worked during the rest of the day title 5, States! California minimum wage parts of the readers federal law does not require shift differential premium pay be. Employees law Group, PC, unless otherwise exempt, at the rate of: for their own convenience then... Negotiate a maze of complex requirements and face serious exposure for even accidental! Dart paid employees a bonus of $ 22 an hour shift ( i.e. late. Was then offered 22 to start on day shift which i accepted me. Extra ) for working a less-than desirable shift ( i.e., late nights, evenings ) connect you employees working.

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