A Limited Online Summary Of California Split Shift
Pacific Timesheet Announces California Labor Rules Enhancements
Author: Jason Trend
Las Vegas, NV a" January 25, 2010 a" Pacific Timesheet has announced that it has significantly enhanced its support for California labor rules such as meal penalty rules and split shift premium rules.
The state of California requires that certain classified non-exempt or hourly employees are paid a meal penalty equal to one regular hour of pay if they miss a meal after more than five hours of continuous work. In addition, California requires employers to pay non-exempt or hourly employees a premium if the time that lapses between shifts is more than one hour.
Jim Dickerson, VP of Operation stated, "The challenge of complying with California labor laws is not just how they are defined today. Ongoing cases each year have made complying somewhat of a moving target. Pacific Timesheet's highly configurable support for complying with these laws has been an advantage our customers with operations in California have been looking for."
According to the California Labor Code, aIn California, an employer may not employ an employee for a work period of more than five hours per day without providing the employee with a meal period of not less than thirty minutes, except that if the total work period per day of the employee is no more than six hours, the meal period may be waived by mutual consent of both the employer and employee. A second meal period of not less than thirty minutes is required if an employee works more than ten hours per day, except that if the total hours worked is no more than 12 hours, the second meal period may be waived by mutual consent of the employer and employee only if the first meal period was not waived.a
Dickerson continued, aPacific Timesheet provides support for an unlimited number of rule combinations, which includes rules for employees who sign a meal penalty waiver and those who do not sign a meal penalty waiver.a In addition, Pacific Timesheet has provided support that allows for individual meal penalty overrides or split shift overrides or waivers with a detailed comment for auditing for circumstances where the penalty or premium needs to be modified according to the California labor code. Pacific Timesheet also provides extensive support for California overtime rules, including consecutive-day overtime rules.
About Pacific Timesheet
The Company is headquartered in Las Vegas, Nevada, and has offices throughout North America and Europe. Pacific Timesheet is an equal opportunity employer always in search of talented professionals interested in the development and application of proven software technologies. Pacific Timesheet's Time Management Systems are used by some of the world's leading organizations such as Applied Materials, BCD Travel, Joy Mining, Ontario Institute for Cancer Research, NOAA, New Visions for Public Schools, University of Massachusetts and many more. If you need additional information about Pacific Timesheet go to www.pacifictimesheet.com, or call 866-416-2061 ext. 1. Pacific Timesheet is a leader in providing timesheet software as a service and time tracking software. Its flagship product, Pacific Timesheet, provides unprecedented ease-of-use, flexibility and reliability for time and attendance, time off and absence management, payroll timesheets and project/job time tracking. Built on platform, database, and browser-independent technologies that can be implemented either on-premise or on-demand, Pacific Timesheet provides an enterprise-ready solution that is easy to use and implement for companies across the globe. About Pacific Timesheet Enterprise
Pacific Timesheet is a leader in providing timesheet software as a service and time tracking software. Its flagship product, Pacific Timesheet, provides unprecedented ease-of-use, flexibility and reliability for time and attendance, time off and absence management, payroll timesheets and project/job time tracking. Built on platform, database, and browser-independent technologies that can be implemented either on-premise or on-demand, Pacific Timesheet provides an enterprise-ready solution that is easy to use and implement for companies across the globe.
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March 1st, 2011 at 5:25 am
It i but natural for an owner to help around the bar and accept tips. However, if we talk about sharing in the tipping pool, then the answer is different.
In California, the law prohibits managers and supervisors from sharing in employee tips. In fact, Section 351 of the California Labor Code provides that “No employer or agent shall collect, take or receive any gratuity or a part thereof that is paid, given to or left for an employee by a patron.”
March 1st, 2011 at 6:55 am
Look as the timing is showing is showing an eight hour job and in this respect it is absolutely alright. But according labor law, no or organization can force you to work more than 8 hours. If you are feeling the force to work more than 8 hours then just raise a question and ask for proper reason or look for another job.
March 1st, 2011 at 8:09 pm
i live and work in california, at a bar, is it legal for the owner to work bar shifts and accept tips?
also, if back up is needed, ok for them to ask for split tips?
March 1st, 2011 at 8:10 pm
What are split shift laws in Calif – restaurant job?
I work at a restaurant and they schedule me 11am-2pm / 5pm – 10pm
Is this legal, in the state of California
March 1st, 2011 at 8:36 pm
“Split Shift” Overtime law California?
I worked from 10pm to 6am today, and my employer has the work day ending at 3:59:59am, if I have another shift tonight from 5pm-130am, does that entitle me to an two hours of overtime? And if so, I’ve been doing those shifts on a regular basis for three years, how far back can I recover missed overtime?
March 1st, 2011 at 9:11 pm
You can go back 3 years.
But you need to check what your specific work period is. It’s legal to have different work periods for different employees and my guess is that your’s is setup so that you don’t incur daily overtime.
March 1st, 2011 at 9:25 pm
Can my boss legally do this under California law?
I was scheduled a split shift at the restaurant I work at today. I was supposed to go in at noon and then again at 7pm. Well, I went in at 12 and my boss asked me to go home a half hour later. After a little arguing I agreed because it was ridiculously slow and I just wanted to keep the peace. I clocked out and changed back into my street clothes. On the way out I stopped him and asked if he could call me before my 7pm shift if it was still slow so I could not waste my time again. He said he wouldn’t know until 7 if it would be busy so he wouldn’t be able to do it. I was very annoyed by this point and said I wanted to be paid for the 2 hours I was legally owed under CA labor laws. He told me I could have cleaned for an hour then. He tells me this on my way out! I am so frustrated now that I have to waste my entire Saturday.This is not the first time I have been sent home within 45 minutes to an hour into my shift, but I let the other times slide. However, today is different. I know I will most likely be sent home early again tonight. Is this even legal and is there anything I can do about it?
March 1st, 2011 at 11:56 pm
info about child support, california?
do i have to have custody of my son in order to get child support?the father and i are not married but he did sign a declaration of paternity.i have my son every day except fridays he spends the night with his dad and every other weekend he stays fri/sat.he works full time and because my son is special needs and just finished kindergarten i only work part-time and a split shift.i don’t make enough to put him in daycare and his father refuses to pay for childcare. this has had a huge affect on my life and my ability to move forward (financially). he tells me he buys him what he needs for his house and he’s not going to pay to put him in daycare when he has to have him every weekend(really every other) because its not fair and he has no life because of it…he says he rather keep the money that is his.anyways, how would i go about custody also.is there any way i could get full?i end up taking my son most of his days anyways and i dont think he’s even fit to be around him…
i can’t afford a lawyer…are there other options
thanks, i filed for child support papers and have the application but it says you have to file as custodial/non-custodial parent.