If my lunch time is extended to2 hours and my schedule is 7 am – 5 pm, is it considered a split shift with extra pay?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my lunch time is extended to2 hours and my schedule is 7 am – 5 pm, is it considered a split shift with extra pay?

I am a preschool teacher (no certificate) in the private company with the pay of $12.50 per hour in CA. This is the common practice in the company.

Asked on February 4, 2011 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

There is no such thing as a "split shift with extra pay" in the law. That is, the laws which govern pay (such as the federal Fair Labor Standards Act; also, there are state laws as well) count number of hours worked in a week (or sometimes in a day) but do not care whether the hours are consecutive or contiguous or not. That's not to say that your employer may not choose to pay more for a split shift; or that you may not be governed by a union agreement giving your more pay in this situation; however, you would need to review and reference either company practice and/or your union/collective bargaining agreement to see whether this is the case; the law itself does not provide for this.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption