Q: 24/7 bus.workday 8AM to 759am. Employee works 430am to 1pm w/30 min lunch. Then works 330p to 830p. How do I pay
The 2nd shift 330-830 is actually another day, since our day begins at 8 am and the 430 shift was the previous day. Also should there be a split shift differential.
A:
Based on the information provided, it appears the employee is working two separate shifts within a 24-hour period that spans across two workdays, given the business' workday is defined as 8:00 AM to 7:59 AM the following calendar day. Here's how the pay should be calculated:
1. First Shift (4:30 AM to 1:00 PM):
- 4:30 AM to 8:00 AM: 3.5 hours (counted towards the previous workday)
- 8:00 AM to 1:00 PM: 5 hours (counted towards the current workday)
- Less 30-minute unpaid lunch break
2. Second Shift (3:30 PM to 8:30 PM):
- 5 hours (counted towards the current workday)
3. Split Shift Premium: In California, if an employee works two or more shifts in a workday with an unpaid break of more than one hour (excluding the meal break), they are entitled to a split shift premium. The premium is calculated as one hour of pay at the minimum wage rate.
4. Overtime: If the total hours worked in a workday exceed 8 hours, overtime pay (1.5 times the regular rate) should be applied to the excess hours.
In this case, the employee would be paid:
- Regular hours: 13.5 (3.5 + 5 + 5)
- Split shift premium: 1 hour at minimum wage
- Overtime: 1.5 hours (13.5 - 8 = 5.5, but only the 5 hours in the current workday count towards overtime)
Remember to ensure the employee is paid at least the minimum wage for all hours worked and that proper meal and rest breaks are provided as required by California law.
Please note that this is general guidance, and it's always best to consult with a local employment law attorney or the California Labor Commissioner's Office for specific situations.
A:
Please beware, the prior answer here failed to explain a very important thing about the split shift premium. 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. 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. Please see here for much more on how the premium works: https://www.dir.ca.gov/dlse/split_shift.htm
The easy way to figure out how to pay employees is to determine the workday and simply count up how many hours the employee worked during that workday, ignoring shifts.
Good luck to you.
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