Split shift rules and pay
A split shift is a workday broken by an unpaid, non-working gap set by the employer that is longer than a meal break, such as 10:00 a.m. to 1:30 p.m. and then 4:00 p.m. to close. Federal law adds no split-shift pay, but California and New York require one extra hour of minimum-wage pay on split-shift days; in California, pay above minimum wage counts toward it.
The US Department of Labor says the FLSA has no provisions on scheduling employees except certain child labor rules (DOL elaws FLSA Advisor). Federally you pay for hours worked and overtime past 40 in a workweek; the gap itself is not paid when the employee is off duty.
What counts as a split shift
| Question | California (DLSE) | New York (12 NYCRR Part 142) |
|---|---|---|
| Definition | A schedule interrupted by non-paid, non-working periods set by the employer, longer than a bona fide meal period, within the same workday | Daily hours that are not consecutive |
| Meal breaks | The gap cannot be a meal or rest break | A meal period of one hour or less does not break consecutive hours |
| Employee's own request | Not a split shift if the employee asks for the break; voluntarily picking up an extra shift does not qualify | Not addressed in the section |
| Premium | 1 hour at the state or local minimum wage, whichever is greater | 1 hour at the basic minimum hourly wage, in addition to the minimum wage |
| Also triggered by | Split shift only | A spread of hours over 10, even without a split |
| Above-minimum-wage credit | Pay above minimum wage counts toward the premium | None stated in section 142-2.4; the hour is paid in addition to the minimum wage |
Sources: California DLSE Split Shift page, citing IWC Wage Orders 1-15, Section 4; NY Minimum Wage Order for Miscellaneous Industries and Occupations, sections 142-2.4, 142-2.17 and 142-2.18 (as amended effective June 24, 2020). New York has separate wage orders for some industries; check which one covers you.
California: how the credit works
The DLSE's own example: minimum wage $11, employee paid $12, 6 hours worked on a split shift day. Minimum due = 6 × $11 + $11 premium = $77. Earned = 6 × $12 = $72. The employer owes $77 − $72 = $5.
Example with hypothetical rates: minimum wage $16.00, 7 hours worked on a split day.
| Hourly pay | Minimum due (7 × $16 + $16) | Earned (7 × pay) | Split shift pay owed |
|---|---|---|---|
| $16.00 | $128.00 | $112.00 | $16.00 |
| $17.00 | $128.00 | $119.00 | $9.00 |
| $19.00 | $128.00 | $133.00 | $0.00 |
Use the real state or local minimum wage for your location in place of $16.00. The DLSE also says the premium must appear as its own line on the pay stub, has no effect on overtime, and does not apply to employees who live at the place of employment.
New York: spread of hours
New York defines the spread of hours as the time between the start and end of the workday, including meals and off-duty intervals. Example: 7:00 a.m. to 11:00 a.m., then 2:00 p.m. to 6:00 p.m. That day is a split shift (hours not consecutive, gap longer than one hour), and the spread is 11 hours. Either condition alone triggers one extra hour at the basic minimum wage; the rule pays one hour for the day when both occur.
Seen from the schedule
- Mark any shift with an unpaid gap over one hour as a split shift in your template.
- In California, check the employee's pay rate against the credit math above.
- In New York, also check any day whose first start and last end are more than 10 hours apart.
- Record who asked for the gap; in California an employee-requested break is not a split shift.
- If the gap is short, it may be a rest break: DOL says short breaks of about 5 to 20 minutes are paid work time (DOL breaks page).
Related: clopening shifts and on-call scheduling.
This is general information, not legal advice. Check your state labor department for current rules.
This is general information, not legal advice. Check your state labor department for current rules.
Questions
Do you get paid extra for a split shift?
Not under federal law. In California and New York, a split-shift day adds one hour of pay at the minimum wage, and in California pay above minimum wage counts toward it.
What is considered a split shift in California?
A workday interrupted by an unpaid, non-working period set by the employer that is longer than a bona fide meal period; a break the employee requests is not a split shift (California DLSE).
What is the spread of hours rule in New York?
Under 12 NYCRR 142-2.4, an employee gets one extra hour at the basic minimum hourly wage for any day with a spread of hours over 10, a split shift, or both.
Does the split shift premium count toward overtime in California?
No. The California DLSE says split shift has no impact on overtime.
Sources
- US DOL elaws FLSA Advisor: When can an employee's scheduled hours of work be changed? (checked 2026-11-12)
- California DLSE: Split Shift (May 2018) (checked 2026-11-12)
- New York State DOL: Minimum Wage Order for Miscellaneous Industries and Occupations, 12 NYCRR Part 142 (as amended effective June 24, 2020) (checked 2026-11-12)
- US DOL: Breaks and Meal Periods (checked 2026-11-12)