EmploymentQuestion 550 of 690

An employee works 4 hours in the morning, has a 3-hour unpaid break, and returns to work 4 more hours in the evening. The state minimum wage is $16/hour and the employee earns $20/hour. How much split-shift premium is owed?

a.One hour at the state minimum wage ($16)
b.One hour at the employee's regular rate ($20)
c.Three hours at the minimum wage for the unpaid gap
d.Nothing, because the employee earns more than minimum wage

Explanation

When a non-exempt employee works a split shift (a schedule interrupted by a non-paid, non-working period other than a meal), one additional hour of pay at the state minimum wage is owed. The premium is paid at minimum wage, not the employee's higher rate, and even employees paid above minimum wage are still owed the premium so long as their wages for the day do not already exceed minimum wage × (hours worked + 1).

Law Reference: IWC Wage Order §4(C)

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