Vincent W Davis

Split Shift Rest Periods

by Vincent Davis on July 22, 2013

Is your employer paying you all you earn?   Many employers try to squeeze extra time out of you without paying for it.  They do this in different ways.  One of the things your employer might do is require you to work for a shift in the morning, go home, and then return three or four hours later for a second shift.   When your employer does that, it is called a  “split-shift”

  • When the employer makes a worker take a split-shift work day, the Industrial Welfare Commission requires the employer to pay the worker an additional hour of pay, at their regular rate, for having to work a split-shift.  This additional hour is in addition to being paid for all the work hours you actually put in.
  • If you work five hours on one shift, and then come back and work an additional four hours, then you are entitled to one hour of overtime for having worked a total of more than eight hours.  You get the overtime hours for the total hours worked in one work day, not the hours worked on a shift.   And, you should get the split-shift premium in addition to the regular and overtime pay.

Split Shift Rest Periods

The thing is, if your employer isn’t’t paying you the additional time for a split-shift, then he is probably also not following all the law and giving you what you are due, including not paying you for missed meal periods and rest periods.

The Law Offices of Vincent W. Davis & Associates can help you.   If your employer isn’t paying you everything you have earned, we can help you get up to four years worth of unpaid earnings.

We will help you handle your matter by representing you on a contingency fee basis, meaning we will only get paid if we are successful in getting you what you have earned.    There is no need to pay us now, the law provides that if we go to trial and are successful in getting you the wages you have earned, wages that you have a right to, then the employer will have to pay for your attorney’s fees.   And, “contingency fee” means we only earn an attorney fee if we are successful.


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