Hours worked: split shift

STATE OF CALIFORNIA GRAY DAVIS, Governor

DEPARTMENT OF INDUSTRIAL RELATIONS
DIVISION OF LABOR STANDARDS ENFORCEMENT
Santa Rosa Legal Section
50 D Street, Suite 360
Santa Rosa, CA 95404
(707) 576-6788

H. THOMAS CADELL, Of Counsel

                                 December 11,   2002

Paul K. Schrieffer, Esq.
Schrieffer & Downey, LLP
601 S. Figueroa St., Suite 4670
Los Angeles, CA 90017

      Re:        Hours worked - Split Shift (00189)

Dear Mr. Schrieffer:

 Anne Stevason, Chief Counsel for the State Labor Commissioner,

has asked me to respond to your letter concerning the Industrial
Welfare Commission Order 9-2001 as regards the issue of whether
there is a designated amount of time that would turn a meal period
into a split shift.

 Order 9-2001, as with all of the orders, provides, inter alia,

at Section 4:

      "(C) When an employee works a split shift, one (1) hour's pay
      at the minimum wage shall be paid in addition to the minimum
      wage for that workday, except when the employee resides at the
      place of employment."

 The Orders define the term "split shift" as: "a work schedule,

which is interrupted by non-paid non-working periods established by
the employer, other than bona fide rest or meal periods." (See
Definitions, Section 2 of IWC Orders)

 DLSE has historically taken the position that a "bona fide"

meal period is one that does not exceed one hour (60 minutes) in
length. The IWC is aware of this long-standing DLSE enforcement
position.

 The quick answer to your question, therefore, is that any

interruption exceeding a one-hour period will give rise to a "split
shift" situation.

 The duty-free interruption (so long as it exceeds 30 minutes)

would, of course, meet the requirements of a meal period.

 We hope this adequately addresses the question you raised in

your letter. We thank you for your interest in California labor
law.

Yours truly,

H. THOMAS CADELL, JR.
Attorney for the Labor Commissioner

c.c. Arthur Lujan, State Labor Commissioner
Tom Grogan, Chief Deputy Labor Commissioner
Anne Stevason, Chief Counsel
Assistant Labor Commissioners
Regional Managers