EmploymentQuestion 1618 of 1632

An on-site framing crew covered by Wage Order 16 works 7 a.m. to 11 a.m., goes home unpaid for the afternoon, and returns from 4 p.m. to 8 p.m. The city where the job sits has no local wage ordinance. What does the employer owe beyond pay for the hours worked?

a.One extra hour at the employee's own hourly rate, because the day was broken into two parts
b.Nothing extra, because Wage Order 16 contains no split-shift provision at all
c.One extra hour at the state minimum wage, which every wage order adds for a split shift
d.Two extra hours at the state minimum wage, one for each segment of the split shift

Explanation

Which wage order covers the occupation decides which premiums exist. Wage Order 16 covers on-site construction, drilling, logging and mining occupations, and its Minimum Wages section contains only subsections (A) and (B) — there is no split-shift provision in it. So the framing crew is owed pay for the eight hours worked and nothing more on this account. The one-hour split-shift premium the question is fishing for lives in orders such as Wage Order 4 §4(C), and where it applies it is paid at the minimum wage, never at the employee's own higher rate.

Law Reference: IWC Wage Order 16-2001 §4; IWC Wage Order 4-2001 §4(C)

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