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LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 27888
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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If a caregiver wants a two hour break in middle of there shift

Resolved Question:

If a caregiver wants a two hour break in middle of there shift dose employer have to pay one of the hours.
Submitted: 9 months ago.
Category: California Employment Law
Expert:  LawTalk replied 9 months ago.

Good morning Jocelyn,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. What is the 2 hour break for?
2. Is the employee a salary exempt employee or are they paid hourly?
3. I'm curious as to what you believe would be the rationale for the employee being paid for time they request to be let off?

Doug

Customer: replied 9 months ago.
Ok I have a board and care ..my caregivers work 8-6 break 1:15-3:15 they like it like that because they go to appt.s and go home and cook food..I heard that is a split shift and I have to pay a extra hour for that even if caregiver wants to.
Expert:  LawTalk replied 9 months ago.

Good morning,

You have heard correctly. If you allow your employees to work a split shift with more than an hour off in-between the shifts, you must either compensate them for one hour or ensure that based on their wages that day that they earned enough over minimum wage to ensure that they received minimum wage equal to the amount of time actually worked plus the "free hour". This is only possible to do if they are earning more than minimum wage though.

Otherwise, to avoid the un-worked hour that you would have to pay, you would need to decrease their time off to an hour or less.

Please keep in mind that, even though you have already paid your deposit money over to JustAnswer, until you rate me highly for my service, I will not be paid for having assisted you with your questions.

If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction.

I wish you the best in your future.

Doug

Customer: replied 9 months ago.
Do I rate you for each question or when I'm finished? So if a caregiver makes 10.00 a hour and works 8-8 with a two hour break . And minimum is 8.00 and I pay her 100.00 is that ok.
Expert:  LawTalk replied 9 months ago.

Hi Jocelyn,

You rate me at the end.

If minimum wage is $8.00, and your employee earns $10.00 an hour, works a 10 hour workday in a split shift with 2 hours off, then you must ensure that they have made minimum wage for 11 hours that day. 11 X $8 is $88. If they are paid $100 per day for the time actually worked---$10 per hour times 8, then you are quite safe. You don’t have to pay an additional $10 a day for the split shift.

If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction.


I wish you the best in your future.

Doug

LawTalk, Attorney
Satisfied Customers: 27888
Experience: I have 30 years of experience in the practice of law, including employment law and discrimination law.
LawTalk and other California Employment Law Specialists are ready to help you
Expert:  LawTalk replied 9 months ago.
Good morning,

In follow up Jocelyn, I also wanted to mention that because your workers are employed as caretakers in your board and care residential facility and are considered personal attendants under the law, that they are also exempt from the overtime law which includes the ruling for split shift payments---and is yet another reason that you need not pay them for split shift time.

Thank you for your positive rating of my service. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should a future need ever arise. I am generally available at least 6 days a week, and often 7, and it would be my privilege to assist you again in the future.

I welcome you to request my assistance in any future legal questions you may have, by simply placing my name in the first sentence of your new question.


Thanks again.

Doug

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It would be tremendously appreciated.
Customer: replied 9 months ago.
Ok if a caregiver works from 7pm to 8 am what is the pay 8.00 a hour for first 12 hrs and time and half for the 13th? And time and a half also after 40 hrs.
Expert:  LawTalk replied 9 months ago.
Hi,

For a caregiver in a board and care residential facility who is deemed a personal attendant under the law, there is no overtime required for over 8 hours a day----only time and a half for more than 40 hours in a week.

Doug
Customer: replied 9 months ago.
Ok so about split shift again do I have to show on pay stub ...like I pay a girl 10 a hour and she works 8-6 brk 130-330 how would time card have to be is it ok in at 8 out at 130 in at 330 out at 6 right. And it's ok pay stub just says 40 hour a week at 10 dollars a hour.
Expert:  LawTalk replied 9 months ago.
Good morning,

As you may not be aware, the Rules of JustAnswer specify that each customer ask one question in each question thread. For new questions, the customer is asked to open a new question thread. I am required to ask that you place these new questions in a new thread, as is required by JustAnswer. I do sincerely apologize for any inconvenience this might cause you.

You may ask for me personally by referring to me by name (Doug) in your new question and I will be able to assist you. As the questions that you are posing are new, I am required to ask you to please open up a new question thread for them. Thank you for your understanding.

Doug

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