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?

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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 10 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.


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