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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4830
Experience:  Extensive experience representing employees and management
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i am a owner of the restaurant. (california) i have employees

Resolved Question:

i am a owner of the restaurant. (california)

i have employees who wanted to work 4 hours in the morning shift

have one hour rest

and work 4 hours in the night shift.

some people said split shift is illegal and can't have one hour break time.

(4 hours morning 4 hours night and 1 hour break between is illegal?? )

people who work less than 8 hours day should have 30 min break?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.

Hello and welcome to JustAnswer.

No, split shifts are not illegal in California, and it is perfectly fine to have your employees work four hours, take an hour break, and then work another four hours.

People who work at least five hours a day are required to receive a 30 minute unpaid lunch break during their shifts.

This is from California Labor Code Section 512:


"(a) An employer may not employ an employee for a work period of more than five hours per day without providing the employee with a meal period of not less than 30 minutes, except that if the total work period per day of the employee is no more than six hours, the meal period may be waived by mutual consent of both the employer and employee. An employer may not employ an employee for a work period of more than 10 hours per day without providing the employee with a second meal period of not less than 30 minutes, except that if the total hours worked is no more than 12 hours, the second meal period may be waived by mutual consent of the employer and the employee only if the first meal period was not waived."

It is perfectly legal to allow your employees an hour between shifts instead of providing them with the minimum 30 minute requirement
under California law.

Joseph, Lawyer
Satisfied Customers: 4830
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you

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