Wage Claims, Overtime & Other Employee Compensation
ARE YOU BEING PAID PROPERLY FOR WORKING SPLIT-SHIFTS?
A: Your employer gave you a split-shiftschedule. A split-shift is “any employer-established work schedule interrupted by an unpaid non-working period, other than a bona fide rest or meal period.” The way a split shift is set up is that employees are scheduled to work a number of hours and this is followed by a break usually lasting more than an hour. After the break, the employee is told to come back to work and work an additional number of hours.
Employees who work a split shift schedule are entitled to be paid a premium one hour’s pay at the minimum wage rate, which is currently $8 per hour. This is in addition to the minimum wage rate paid to the employee. The reason for this is that employees should receive a higher wage in exchange for working outside the normal shift period. Split-shift premium payments need to be paid only to employees who do not reside at their place of employment. The employer is also mandated to keep accurate time records showing when an employee begins and ends the work periods, including split-shift intervals.
Another, and perhaps more important, issue related to split-shifts is the employee’s right to overtime payment. Employers must pay their non-exempt employees one and one-half times their regular rate of pay for all work in excess of 8 hours per day. This is true for the split-shift employee described above.
There are employers who use the split shift schedule to avoid paying overtime premium to employees and yet, nevertheless, compel these employees to work 10- to 14-hour days without overtime compensation. As in the case above, the employee worked 6 hours during the first shift and after a two-hour break, worked an additional 6 hours, which brings the total work hours to 12. Here, the employee is entitled to be
Split-shift employees are also entitled to a 30-minute uninterrupted meal break
If an employer fails to provide an employee a meal
Employees who believe that they are working split-shifts or are
©Law Offices C. Joe Sayas, Jr.