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LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 27889
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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Ok so about split shift again do I have to show on pay stub

Resolved Question:

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.
Submitted: 10 months ago.
Category: California Employment Law
Expert:  LawTalk replied 10 months ago.

Good morning Jocelyn,

Thank you for asking for me.

Your time card would show her clocking out for those 2 hours and working only the 8 hours in the day. The time card would read in at 8AM out at 130PM in at 330PM out at 6PM.

The pay stub would show just the 8 hours actually worked and at the hourly rate for that day, and a total of 40 in the week if that is what they work. Overtime must be paid for more than 40 hours worked in the work-week.

You also should consider asking them to provide a written request, dated and signed by each employee, asking to have those 2 hours off during each shift, and then place them in each of their files.

You may reply back to me again if you have additional questions, and I will continue to assist you.

I wish you the best in your future,

Doug

Customer: replied 10 months ago.
Ok so I thought I need to pay the split shift a extra hour don't i ?if it's two hours not one .
Expert:  LawTalk replied 10 months ago.
Hi Jocelyn,

Sorry for any confusion.

As the employees are working in a residential facility and are deemed personal attendants, you do not pay overtime, nor do you pay a split shift hour if they take more then 1 hour off in the middle of a shift.

And if an employee asks YOU if they can take time off, as opposed to you demanding that they take the 2 hour break instead of a one hour break---then they cannot claim a split shift payment of one hour either.

If they work 8AM, out at 130PM in at 330PM out at 6PM, then they get paid only for 8 hours that day.

You may reply back to me again if you have additional questions, and I will continue to assist you.

I wish you the best in your future,

Doug
Customer: replied 10 months ago.
Ok even if they are not live in right . They are personal attendent even if they are not live ins and split shifts don't have to be paid extra hour...
Expert:  LawTalk replied 10 months ago.
Correct.
LawTalk, Attorney
Satisfied Customers: 27889
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

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