CSLB Law & Business ExamEmployment RequirementsMedium
A retail construction supply worker earns California's state minimum wage of $16.00 per hour. She works a split shift totaling 8 hours, separated by a several-hour unpaid, non-working gap that is not a bona fide meal period. Her total pay for the day is $128.00. Under the Wage Order split-shift rules, what additional amount, if any, must the employer pay?
- AAn additional $16.00, one hour of pay at minimum wage
- BAn additional $32.00, two hours of pay at minimum wage
- CAn additional $8.00, half the minimum hourly rate
- DNo additional pay is owed since she was paid minimum wage for all hours worked
Show answer & explanationAnswer & explanation
Correct answer: A. An additional $16.00, one hour of pay at minimum wage
California's split shift premium requires one additional hour of pay at minimum wage whenever an employee's daily earnings do not exceed the minimum wage for all hours worked plus one extra hour. Since she earned exactly $128 (minimum wage x 8 hours) with no surplus, she is owed one additional hour at $16.00.
Why the other options are wrong
- B. Two hours exceeds the required single-hour premium.
- C. Half an hour is not the correct premium measure.
- D. Incorrect because her earnings did not exceed minimum wage plus one hour.
Split Shift Premium
When a workday is split by an unpaid, non-working interval, the employer must pay one additional hour at minimum wage if the day's earnings don't exceed minimum wage for hours worked plus one hour.
- Applies when a non-meal gap interrupts the shift
- Premium is one hour at minimum wage, not overtime rate
- No premium owed if wages already exceed the threshold
Memory trick: Split the day, add an hour's pay if wages don't clear the bar.