Who is responsible for keeping track of the split shift payment, the employer or the worker?

It is always your employer’s legal responsibility to keep accurate time records of hours worked as well as payroll records.

The right to inspect personnel files does not apply to an employee covered by a valid collective bargaining agreement if the agreement expressly provides for all of the following: (1) the wages, hours of work, and working conditions of employees, (2) a procedure for the inspection and copying of personnel records, (3) premium wage rates for all overtime hours worked, (4) a regular rate of pay of not less than 30 percent more than the state minimum wage rate.


Pursuant to Labor Code Section 226(a), semimonthly or every time you are paid your wages, whether by check, in cash, or otherwise, you must be given a detachable part of the check or a separate writing showing required information. Note: Effective January 1, 2008, only the last four digits of your social security number, or an employee identification number other than a social security number may be shown on the itemized statement. (Labor Code Section 226(a)(7)) The following information is required to be on your itemized statement:

  1. Gross wages earned
  2. Total hours worked (not required for salaried exempt employees)
  3. The number of piece-rate units earned and any applicable piece rate if the employee is paid on a piece rate basis
  4. All deductions (all deductions made on written orders of the employee may be aggregated and shown as one item)
  5. Net wages earned
  6. The inclusive dates of the period for which the employee is paid
  7. The name of the employee and the last four digits of his or her social security number or an employee identification number other than a social security number
  8. The name and address of the legal entity that is the employer
  9. All applicable hourly rates in effect during the pay period, and the corresponding number of hours worked at each hourly rate by the employee

Click here for an example of an itemized wage statement (pay stub) as required by Labor Code Section 226 for an employee paid an hourly wage. Note: This itemized statement is not applicable to an employee whose compensation is solely based on a salary and who is exempt from payment of overtime under Labor Code Section 515(a) or any applicable Industrial Welfare Commission Order.

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