The times it has been challenged, as a unfair labor practice, it has been ruled that an employee not working regular hours (generally 1st shift) is … If you find this site useful and want to show your support, feel free to … Furthermore, federal law does not require any employer to increase pay for night shift work. *It is your job to know what, if any, shift differential is owed to you. You are also agreeing to our terms of service & privacy policy. Some California employers pay what is called a shift differential to those employees who are willing to work certain shifts. California. Workers who earn the minimum wage per hour are entitled to additional pay known as a “split shift premium” when their schedule includes a split shift. California labor and employment law overview including: EEO, Diversity and Employee Relations, Recruiting and Hiring, ... training or experience. A group rate for piece workers is an acceptable method for computing the regular rate of pay. A wage statement (sometimes called a pay stub) is a document employers give their employees every pay period that explains how their paycheck was calculated. Here, we highlight two common instances: split shifts and reporting time. Shift differential pay is not required by law; it is a discretionary benefit. Shift differentials are common in the healthcare industry. Some California employers pay what is called a shift differential to those employees who are willing to work certain shifts. It is not guaranteed that work on night shifts and other nontraditional schedules will be paid an extra shift differential bonus. Though California does not have any laws regarding time between shifts, it does have laws requiring employers to pay overtime for hours worked beyond the standard eight-hour workday. As you can see, the laws can become very complex. No just wanted to know about that. You must include your weekend hours with the time you worked during the rest of the week to calculate overtime. California labor law is on your side. If you are only paid $72 (6 hours times $12), you are due $5 ($77 - $72 = $5) differential for working a split shift. Senior Member. Since differential pay is company policy, not something regulated by the government, there’s no standard way to pay it. For example, if an employee is scheduled to work 10 hours in a day as part of an alternative work schedule and ends up working 12 hours, the additional 2 hours would be paid time and a half. Prior salary, on its own, does not justify a wage differential. This is usually a less desired shift, such as graveyard or weekends. This is usually a less desired shift, such as graveyard or weekends. This holds true unless your employer has previously paid employees such a differential, or it is required to be paid by virtue of an employment/union contract, or it is being withheld due to discriminatory reasons. A shift differential is an extra bump in pay that some workers make for working outside of normal business hours. California minimum wage laws require employers to pay non-exempt employees for all hours worked. Federal labor law does not include a specific provision for weekend and night work. Lawyer's Assistant: Are you hourly or salaried? App. (b) Absence on holidays. Absent any contract to the contrary, the employer can decide whether or not to pay differential and the times for which differential will be paid. (Industrial Welfare Commission Wage Orders 1-15, Section 4). Pay Differential Library A pay differential is special additional pay recognizing unusual competencies, circumstances, or working conditions applying to some or all incumbents in select classes. Extra pay for working night shifts is a matter of agreement between the employer and the employee (or the employee's representative). What is the law regarding shift differential pay? Process the RPA and ensure the pay differential is keyed as soon as received to avoid any overpayment Contact the C&P analyst regarding any discrepancies Note: Pay Differentials may affect transfers to/from another classification, based on California Department of … Shift differential premium pay shall be paid only for hours worked on the defined shift. There are also other scenarios where workers are entitled to overtime in California. The employer cannot seek outside help to fill the shift unless employees have had those 24 or … New laws in California have set the state on a course for some potentially significant changes to the curriculum, ... 2012 edition of Education Week as Calif. Laws Shift Gears on Algebra, Textbooks. However, both state and federal laws set rules about overtime and split shifts, which sometimes affect people who work the graveyard shift. Shift Differentials. What Makes California Employment Law Different ... and How to Deal With It. Title IV of the Civil Rights Act of 1964 requires that employers don’t discriminate on the basis of race, sex, color, religion or national origin. California 4-Hour Minimum Shift: California labor law requires that employees who work regular 8-hour shifts be paid for a minimum of four hours if they are sent home early, or have to check in every day to see if they are scheduled. Often there is a 24 or 48-hour notice requirement. Wage-and-hour laws vary by state. I was then offered 22 to start on day shift which I accepted. The employer must itemize the premium payment on the pay stub provided to the employee. ? My job offers shift different pay. For example, if you get a 20 percent increase for hours between 10 pm and 6 am you would multiply your pay times 1.20 for any of those hours worked to determine the pay you should earn. Shift Differential Pay California 04-10-2007, 09:22 AM. Generally it will be contracted as a percentage increase for defined shifts. For example, if an employee works 30 hours at $15/hour, and an additional 12 hours at $16/hour (because these hours include a $1 per hour night shift differential), overtime is calculated as follows: (1) calculate total earnings: (30 hours * $15/hour) + (12 hours * $16/hour) = $642; (2) divide total earnings by total hours: $642 / 42 hours = $15.29; (3) calculate the additional overtime premium due: … You can not be paid overtime, at time and a half your normal base pay, if you are working a specific shift where you also receive differential pay. It is computed as a percentage of the employee's rate of basic pay. This case involves the issue of how to calculate the overtime rate of pay under California law when a non-exempt, hourly employee is paid a flat “bonus” (e.g. If there is at least one (1) hour between these shifts, then the employee in question is entitled to one (1) additional hour of … Pay Differentials are typically initiated through the collective bargaining process but may also be the result of a classification proposal. The Fair Labor Standards Act sets the federal labor law guidelines for flex time. Your head—already spinning if you’ve wrapped it around California’s quirky wage and hour laws—may explode when you consider the notion of having to pay for time not worked. This website does not show any ads or advertising materials for an ad-free reading experience of the readers. Employers offering a schedule that employees prefer have to negotiate a maze of complex requirements and face serious exposure for even an accidental misstep. In other words, the bonus was a type of shift differential or attendance bonus tied to working undesirable shifts. 09-26-2005, 11:57 PM. (ii) works on a shift that starts on or after 2:00 p.m. and on or before 1:00 a.m. (2) A State-employed fire fighter is entitled to shift differential pay for qualifying hours if the fire fighter works on a shift of at least 8 hours, regardless of the time that the shift starts. The subject of differential pay is left to the sole discretion of the employer. Labor Law About Flex Time. Shift differential pay is an integral part of each eligible employee's gross compensation and is subject to the same payroll deductions … California labor laws do not mandate the payment of any differential pay for working evening or night shifts. Any money earned over and above the state, or local, minimum wage will be credited towards the employerâs obligation to pay the split shift premium. Here’s what his timecard looks like: Marty worked 16 total night shift hours, which added $80 to his paycheck. Zaller Law Group, PC provides this information for general informational purposes only. Copyright 2020 United Employees Law Group, PC |. Shift Differential Premium County of Sonoma, California, Human Resources Department, Employee Relations, Bargaining Units, Labor Unions, Labor Agreements, Memorandum of Understanding, Sonoma County Law Enforcement Association Massachusetts Shift Differential and Shift Premium Laws Employment Attorney representing employees in unpaid wage and unpaid overtime claims related to shift differentials and shift premiums across Massachusetts including in Worcester, Lowell, Springfield, Fall River, Pittsfield, and Barnstable When a vacant shift arises, restrictive scheduling laws usually require that employees be offered the shift first. California Minimum Wage Law Most non-exempt employees in California have a legal right to receive overtime wages when they work long hours.1 The amount of overtime depends on the length of the employee’s shift and the number of days he or she has worked in the workweek. This has to be taken into consideration when calculating overtime as well. In California, a split-shift occurs when a worker's schedule is broken up by an unpaid, non-working period of time in excess of sixty (60) minutes. This purportedly “regular” figure may change from pay period to pay period when an employee earns shift differentials, different hourly rates for different jobs, or lump sum bonuses. Can you please tell me if there is a requirement under California law to pay a differential for swing shifts? The rules regarding whether a shift differential applies are craft specific, thus some trades do not have shift differential payments. California law does not require the employer to pay any additional pay if an employee works on the day of a holiday unless it is part of their common practice or if the employee has worked in excess of a 40 hour, 8 hour per day work week. Then 2 months in, a position opened and I asked to move to night shift. Please note that labor laws are constantly changing and being interpreted by the courts and you should consult with an attorney to ensure that you have the most up-to-date information. Salaried Employee Rights. The only requirement is minimum wage and overtime pay. This is usually a less desired shift, such as graveyard or weekends. The purpose of the split shift premium is to prevent abuses by employers for scheduling shifts that are not voluntary. Then 2 months in, a position opened and I asked to move to night shift. Also note, an employee who resides at the place of employment is exempt from the split shift premium. Shift differential premiums vary depending on a number of factors, including job function, level of responsibility, influence of labor unions on specific jobs, location and type of shift. Regular Rate Refresh: Calculating Overtime for California Employees. For our purposes the differential is important as it MUST be considered when calculating overtime. Shift differential refers to extra pay received by employees for working a less-than desirable shift (i.e., late nights, evenings). This is usually a less desired shift, such as graveyard or weekends. Flexible schedules allow employees to customize their hours instead of working a traditional Monday-through-Friday schedule. California employers wishing to implement an Alternative Workweek Schedule should get guidance from qualified counsel in doing so. Shift differentials are separate from your regular rate of pay in several ways: *Any SD pay is separate from regular base pay and only for shifts other than normal Monday – Friday shifts. ... An employee is entitled to one hour of pay for each shift that the meal period is not provided. What is the law regarding shift differential pay? While the law does not require shift differential payment it is very often part of a union negotiated contract. By Elizabeth J. MacGregor & Kerry Friedrichs on October 23, 2019. While the law does not require shift differential payment it is very often part of a union negotiated contract. There is no law that compels employers to pay a night shift differential in California. Shift differential refers to extra pay received by employees for working a less-than desirable shift (i.e., late nights, evenings). However, if your policies state that employees on swing make x, employees on graveyard make y, then you may be held to that standard when it comes to paying them their vacation, sick and other pay. For example, if all three of them make $8.25 an hour and receive no additional wages in shift differential, bonuses or commissions, than their “regular rate of pay” is $8.25. In other words, it is something that an employer can voluntarily choose to pay - or not. *There are currently no laws which REQUIRE the payment of a shift differential. Yes, because you work six hours, and the minimum wage for your workday that includes a split shift is $77 (6 hours times $11 plus an additional $11 for the split shift premium). Some California employers pay what is called a shift differential to those employees who are willing to work certain shifts. I have recently applied for a third shift position with a new company. Shift Differential Pay Hi I work for a company that has just switched our shifts around, we are staring in the afternoon now, and I'm trying to find out, since they are paying other locations in California and across the country shift differential pay, do they also have to give us the same "differential" pay? Most businesses will outline how shift differentials work, if they’re offered, in the employee handbook.Usually, however, differential Thus, their hourly overtime pay at time-and-a-half would be $12.38. I was then offered 22 to start on day shift which I accepted. $15 extra) for working on a weekend day.