If your work schedule is interrupted by unpaid breaks that aren’t regular meal or rest periods, you may be entitled to additional split shift pay under California law.
Many California workers face schedules that are broken up throughout the day, from restaurant servers who work lunch and dinner rushes to retail employees covering morning and evening shifts. What these workers often may not realize is that California law requires employers to pay additional compensation when work schedules are unnecessarily split up.
What Exactly Is a Split Shift?
Under California law, a “split shift” is defined as “a work schedule which is interrupted by non-paid non-working periods established by the employer, other than bona fide rest or meal periods.” This means if your employer schedules you to work, then sends you home unpaid for several hours, then requires you to return for more work—you’re working a split shift.
The key distinction is that these interruptions are different from your regular 30-minute meal breaks or 10-minute rest periods that are required by law. Split shifts involve longer unpaid gaps that serve the employer’s business needs rather than the employee’s right to breaks.
Examples of Split Shifts
Restaurant Workers: Perhaps the most common example involves food service employees who work the lunch rush from 11 AM to 2 PM, get sent home unpaid during the slow afternoon hours, then must return for the dinner rush from 5 PM to 9 PM.
Retail Employees: Store workers might open the shop from 8 AM to 11 AM, get sent home during slow midday hours, then return for the busy evening period from 4 PM to 8 PM.
Healthcare Workers: Certain healthcare employees might work an early morning shift, have a long unpaid time, then return for an evening shift at the same facility.
When Split Shift Pay Is Required
California’s wage orders require split shift premium pay, but the calculation is more nuanced than simply adding an extra hour of minimum wage. Here’s how it actually works:
The Basic Rule: When an employee works a split shift, they’re entitled to receive one additional hour of pay at the minimum wage rate (currently $16.50 per hour as of January 1, 2025 for most workers, or higher local minimum wage if applicable).
The Important Exception: However, if the employee’s total daily pay already equals or exceeds what they would have earned at minimum wage for all hours worked plus the split shift premium, then no additional split shift premium is required. In other words, wages earned above minimum wage can “offset” or reduce the split shift premium owed.
Live-in Employee Exception: Some jobs may be exempt from split shift premium requirements altogether if the employee lives at their workplace though this depends on the specific circumstances and applicable law.
Real-World Impact on Workers
Let’s look at how split shift pay actually works in practice:
Example 1 – Minimum Wage: Maria works as a restaurant server earning exactly $16.50 per hour (minimum wage). She works a lunch shift from 11 AM to 2 PM, then returns for dinner service from 6 PM to 10 PM—7 total hours with a split schedule.
- Regular wages: 7 hours × $16.50 = $115.50
- Split shift premium owed: $16.50 (since her pay doesn’t exceed minimum wage plus premium)
- Total daily pay: $132.00
Example 2 – Higher-Paid Worker: Carlos works the same split schedule but earns $20 per hour as an experienced server.
- Regular wages: 7 hours × $20 = $140
- Minimum wage calculation: 7 hours × $16.50 + $16.50 premium = $132
- Since Carlos already earns $140 (more than the $132 minimum), no additional split shift premium is owed
Example 3 – Partial Premium: Sarah earns $18 per hour for the same 7-hour split shift.
- Regular wages: 7 hours × $18 = $126
- Minimum wage plus premium: 7 hours × $16.50 + $16.50 = $132
- Split shift premium owed: $132 – $126 = $6 additional premium
This offsetting rule means that many workers earning significantly above minimum wage may not receive split shift premiums, but workers at or near minimum wage are most protected.
Which Workers Are Protected
These split shift protections apply to many California workers. However, employees classified as exempt (executive, administrative, and professional employees) are not entitled to split shift premiums. The specific wage order that applies depends on the type of business and the worker’s duties.
Red Flags: Signs Your Employer May Owe You Split Shift Pay
- You regularly work interrupted schedules with long unpaid breaks (typically more than one hour)
- You earn at or near minimum wage and work split schedules without receiving premiums
- Your employer schedules you around their busy periods with unpaid gaps in between
- You work split shifts but your pay stub doesn’t show a separate split shift premium line item
- Your employer claims they don’t have to pay split shift premiums because you earn above minimum wage (this may or may not be correct depending on how much above minimum wage)
Your Rights and Next Steps
If you believe you’re owed unpaid split shift premiums, you have options. California’s wage and hour laws include provisions for recovering unpaid wages, and workers may be entitled to additional remedies including waiting time penalties and attorney’s fees.
If you’re working split shifts in California and not receiving proper compensation, don’t let your employer take advantage of you. Understanding your rights is the first step toward getting the pay you’ve earned.
Note: This post provides general information about split shift pay under certain California wage orders. The specific wage order that applies to your situation depends on your industry and job duties. Some workers may be exempt from these protections, and individual circumstances can affect your rights.