California Employment Law
California Employment Law Questions Answered by Legal Experts
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
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
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
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