Ask a Lawyer and Get Answers to Your Legal Questions
Good afternoon. Do you mean split-shift pay?
No. Under California law an employee can be considered a salary employee if their pay is at least $33,280 per year. The pay received for working one shift is not considered a salary pay.
I believe that you are specifically referencing California and not the general law under the FLSA. In California to be considered an exempt salaried employee the person must make at least two times the state minimum wage for full-time employment, which is currently $41,600, not the National rate of $33,280.00. So if they are paid above that amount then they may be considered exempt from the overtime and wage/hour requirements of California law. Generally blue-collar employees are generally not exempt from FLSA labor standards. The FLSA also specifically exempts executive, administrative, and professional employees.
If you have any other questions, just ask.