However, the FLSA does require that covered, nonexempt workers be paid not less than time and one-half the employee's regular rate for time worked over 40 hours in a workweek. 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. Senior Member. 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. App. I … No just wanted to know about that. 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. This is usually a less desired shift, such as graveyard or weekends. 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.” 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. The Fair Labor Standards Act sets the federal labor law guidelines for flex time. When people discuss their jobs, it is often in the form of being a “9 to 5” endeavor. 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? *It is your job to know what, if any, shift differential is owed to you. Extra pay for working night shifts is a matter of agreement between the employer and the employee (or the employee's representative). New laws in California have set the state on a course for some potentially significant changes to the curriculum, ... 2012 edition of Education Week as Calif. Laws Shift Gears on Algebra, Textbooks. Hours worked. 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. California law tends to borrow from these regulations when it comes to overtime pay. 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 differential pay is an integral part of each eligible employee's gross compensation and is subject to the same payroll deductions … 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. What Makes California Employment Law Different ... and How to Deal With It. 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. Lawyer's Assistant: Anything else you want the Lawyer to know before I connect you? While the law does not require shift differential payment it is very often part of a union negotiated contract. (Industrial Welfare Commission Wage Orders 1-15, Section 4). Under the law, an employee who reports to work on time and is later sent home because of lack of work, having worked less than half of his or her regularly scheduled shift, is entitled to be paid for half the usual or scheduled day's work, but in no event for less than two hours nor more than four hours at his or her regular rate of pay. 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 example, if an employee is scheduled to work 10 hours in a day as part of an alternative work schedule and ends up working 12 hours, the additional 2 hours would be paid time and a half. ... An employee is entitled to one hour of pay for each shift that the meal period is not provided. Subscribe to Shift Differentials. Shift Differential Pay California 04-10-2007, 09:22 AM. 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. Absent any contract to the contrary, the employer can decide whether or not to pay differential and the times for which differential will be paid. California labor law is on your side. However, both state and federal laws set rules about overtime and split shifts, which sometimes affect people who work the graveyard shift. If you find this site useful and want to show your support, feel free to … Furthermore, federal law does not require any employer to increase pay for night shift work. A shift differential is an extra bump in pay that some workers make for working outside of normal business hours. Tags: None. (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. What is the law regarding shift differential pay? I was then offered 22 to start on day shift which I accepted. Labor Law About Flex Time. How many hours do you work each week? This has to be taken into consideration when calculating overtime as well. I was offered 24 a 20 shift differential but the position was filled internally. 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. 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. 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. This website does not show any ads or advertising materials for an ad-free reading experience of the readers. An employee who is assigned to and works fifty percent (50%) or more of his or her shift hours between 2:00 p.m. and 10:00 p.m. shall receive the evening shift differential premium specified in Section 16.4.2. In other words, it is something that an employer can voluntarily choose to pay - or not. Saturdays and Sunday are also paid at the same rate as hours worked during a weekday. ⁠1 California has specific laws that govern the information that employees are entitled to receive when they are paid. For time they haven ’ t worked require any employer to increase for... Some trades do not have shift differential bonus to certain shifts shifts that are not voluntary not be a or! Sole discretion of the employee 's rate of basic pay to receive when they work night. Would be $ 12.38 to extra pay received by employees for all hours worked and confidential... Pay received by employees for working outside of normal business hours, the bonus was a of! 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