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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
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Experience:  Significant experience in all areas of employment law.
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Restaurant worker working split shifts, i.e. 10:30am to 3:30pm

Resolved Question:

Restaurant worker working split shifts, i.e. 10:30am to 3:30pm (5 Hrs) and 6:30pm to 11:30pm (5 hrs). Is he entitled to 2 Hrs overtime or 1 additional hour regular pay because of his split shift? Additionally what if he works more than 40 hours per week (Split shifts)?
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 2 years ago.
Hello and thank you for entrusting me to answer your question.

An employee is entitled to overtime pay for all hours worked in excess of 8 in a given workday AND/OR all hours in excess of 40 in a given workweek.

A "workday" can be any consecutive 24-hour period beginning at the same time each calendar day. However, once an employer establishes a workday, it may not change it unless the change is intended to be permanent and is not designed to evade the employer's overtime obligation.

I say this only to point out that ten hours worked in a given calendar day would only give rise to the right to overtime if those hours were worked in the same "workday," and the two are not synonymous.
Patrick, Esq., Lawyer
Satisfied Customers: 6691
Experience: Significant experience in all areas of employment law.
Patrick, Esq. and 3 other California Employment Law Specialists are ready to help you
Customer: replied 2 years ago.
so even if the worker is a part time worker and is working split shifts, 10 hours each day and only 30 hours per week he is still entitled to 6 hours of overtime?
Expert:  Patrick, Esq. replied 2 years ago.
"so even if the worker is a part time worker and is working split shifts, 10 hours each day and only 30 hours per week he is still entitled to 6 hours of overtime?"

This is correct. Provided all ten hours are within the same workday, a "non-exempt" employee (meaning an employee not exempt from overtime) would be entitled to 2 hours of overtime no matter how those ten hours were distributed within the day.

I hope that this adequately clarifies my response. Very best regards.
Patrick, Esq., Lawyer
Satisfied Customers: 6691
Experience: Significant experience in all areas of employment law.
Patrick, Esq. and 3 other California Employment Law Specialists are ready to help you

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