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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California 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: 4 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 4 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.
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Customer: replied 4 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 4 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.
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