Are You Required to Have 8 Hours Off Between Shifts?

How many hours between shifts is legal in California?

Under California law, employers are not required to give their workers a minimum amount of hours off between shifts. However, California has certain regulations that pertain to rest breaks and meal periods. Generally, employees are entitled to a 10-minute paid rest break for every 4 hours worked, as well as a 30-minute unpaid meal break for every 5 hours worked.

These rest and meal breaks are designed to provide employees with time to rest and recuperate during their shifts, but they do not directly address the minimum time required between shifts. Some industries and job roles may have specific requirements, but for most employees, there is no strict legal requirement for a minimum amount of time between shifts.

California law requires that non-exempt employees (those eligible for overtime) be paid overtime for hours worked beyond a certain threshold in a workweek or workday. The general overtime rules in California are:

• For work beyond 8 hours in a workday or 40 hours in a workweek, employees are entitled to 1.5 times their regular hourly rate.
• For work beyond 12 hours in a workday, employees are entitled to 2 times their regular hourly rate.
• For the first 8 hours on the seventh consecutive day of work in a workweek, employees are entitled to 1.5 times their regular hourly rate. For hours beyond 8 on the seventh day, they are entitled to 2 times their regular hourly rate.

Also, the age of employees is relevant when it comes to certain labor laws, especially regarding minimum age requirements for employment. In California, the minimum age for employment varies depending on the type of work and industry. For example:

• Generally, the minimum age for most types of employment is 14.
• However, there are restrictions on the type of work and hours that individuals under 18 can perform, including restrictions on hazardous jobs and limitations on working during school hours.

It is important to be aware that there may be specific rules and regulations for employing minors, which can vary depending on the industry and the age of the minor.

Are there requirements for breaks between shifts?

In California, there are regulations that address the “rest period” and “split shift” rules to ensure that employees have adequate hours off between shifts. These regulations are designed to prevent employers from scheduling excessively long shifts or split shifts that might adversely affect employees’ well-being.

Under the California Labor Code and Industrial Welfare Commission (IWC) Wage Orders, non-exempt employees are entitled to receive rest breaks during their work shifts. The general requirement is that employees must receive a 10-minute paid rest break for every 4 hours (or major fraction thereof) worked. The rest break should be provided approximately in the middle of each work period, if feasible.

For example, if an employee works an 8-hour shift, they would be entitled to two 10-minute rest breaks during that shift. If an employee’s shift is 6 hours, they would still be entitled to one 10-minute rest break.

A split shift is a work schedule that is divided into multiple segments with a significant gap in between. To compensate for the potential hardships of split shifts, California law requires employers to pay additional compensation to employees who work split shifts. This additional compensation is meant to address the inconvenience and additional expenses associated with traveling to and from work twice in a single day.

The additional compensation should be equal to at least one hour of the employee’s regular pay at the state minimum wage or the employee’s regular rate of pay, whichever is higher.

Let’s say an employee’s work schedule is as follows:

Shift 1: 9:00 AM – 1:00 PM

Break: 1:00 PM – 4:00 PM

Shift 2: 4:00 PM – 7:00 PM

In this case, the employee has a significant gap between the two shifts, which qualifies as a split shift. If the employee’s regular rate of pay is $15 per hour, the additional compensation required by law would be $15.

It is important to note that these rules are in place to protect the rights of employees and ensure fair compensation and working conditions. Employers are obligated to comply with these regulations to avoid potential legal issues and penalties.

What are exceptions to overtime in California?

In California, certain employees are exempt from receiving overtime pay under specific conditions. Exemptions are typically based on the nature of the job, the duties performed, and the employee’s salary. Employment law for exempt employees can be confusing therefore you should an attorney providing small business legal services for a consultation.  The following are some of the key exemptions from overtime pay in California:

Executive Exemption:

Employees who meet the executive exemption criteria are generally those who primarily manage the enterprise or a recognized department or subdivision, and regularly direct the work of two or more full-time employees (or their equivalent). Additionally, they must have the authority to hire or fire, or their suggestions and recommendations regarding hiring, firing, advancement, and other changes in status must be given particular weight.

Administrative Exemption:

To qualify for the administrative exemption, employees typically must be engaged in office or non-manual work that is directly related to management policies or general business operations. They must also exercise discretion and independent judgment on significant matters.

Professional Exemption:

This exemption includes two subcategories: learned professionals and creative professionals.

• Learned professionals are those who perform work that is primarily intellectual in nature and requires specialized education. Examples include lawyers, doctors, and engineers.
• Creative professionals are individuals who engage in artistic or creative endeavors, such as writers, musicians, and graphic designers.

Computer Software Professionals Exemption:

This exemption applies to employees engaged in certain computer-related occupations, such as systems analysts, programmers, and software engineers, who meet specific salary and job duties requirements.

Outside Sales Exemption:

Employees who primarily work away from their employer’s place of business and whose primary duty is making sales or obtaining orders are generally exempt from overtime requirements.

Highly Compensated Employees Exemption:

Employees who earn a higher salary and perform office or non-manual work, but may not fit into other specific exemptions, might be considered exempt as highly compensated employees if they regularly perform certain duties.

It is important to note that meeting the salary threshold alone does not automatically make an employee exempt from overtime pay. Each exemption has specific criteria related to job duties, responsibilities, and the nature of the work.

What is an alternative workweek schedule?

An alternative workweek schedule in California is a type of work schedule that allows employees to work longer shifts in exchange for fewer workdays per week. It is an arrangement that deviates from the traditional 8-hour workday, 40-hour workweek schedule. The California Labor Code provides provisions for implementing alternative workweek schedules, and these schedules must adhere to certain requirements to be legally valid.

The following are some key points about alternative workweek schedules in California:

Approval and Requirements

For an alternative workweek schedule to be implemented, it typically requires approval through a formal voting process by affected employees. A two-thirds majority vote by the affected employees is usually needed to establish the alternative workweek schedule. Employers must also notify the California Division of Labor Standards Enforcement (DLSE) about the results of the vote.

Scheduling Variations

Alternative workweek schedules can take various forms, such as working four 10-hour shifts in a week or working three 12-hour shifts in a week. These schedules allow employees to work longer hours in exchange for having more consecutive days off. However, any work in excess of eight hours in a day or 40 hours in a week is typically considered overtime and is subject to overtime pay.

Overtime Calculation

Under an alternative workweek schedule, overtime is generally calculated differently. Employees who work beyond the established alternative workweek schedule (ex: beyond the 10-hour or 12-hour shift) may be entitled to overtime pay based on the hours worked beyond that limit, rather than the traditional 8-hour day. These overtime rates may vary depending on the specific alternative workweek schedule in place.

Common in Healthcare Fields

Alternative workweek schedules are particularly common in healthcare fields due to the nature of 24/7 patient care. Many healthcare facilities, such as hospitals and nursing homes, operate around the clock and require continuous staffing. Implementing alternative workweek schedules in healthcare allows for extended shifts, which can help ensure seamless coverage and minimize shift changes.

In healthcare settings, nurses, doctors, and other healthcare professionals often work extended shifts to maintain consistent patient care. For example, a common alternative workweek schedule might involve nurses working three 12-hour shifts in a week, providing coverage for the entire day and night. This can reduce the number of shift changes, enhance patient continuity, and provide employees with more consecutive days off, which can be especially beneficial for work-life balance.

However, it is important to note that the implementation of alternative workweek schedules, including the process of approval, requirements, and overtime calculation, must adhere to the legal guidelines set forth by the California Labor Code and the Division of Labor Standards Enforcement. Employers and employees should consult with legal professionals and employment experts to ensure compliance with these regulations.