Split Shift Premium Rules by State
Split shift premium requirements vary significantly by state. Currently, only California mandates split shift premiums, while most other states do not require them. This guide provides a comprehensive overview of split shift laws across all 50 U.S. states.
States Requiring Split Shift Premiums
Currently, only one state mandates split shift premiums:
California
California requires employers to pay a split shift premium of 1 hour of minimum wage when an employee works two shifts in one day with a break in between. The premium applies unless the employee's total daily earnings exceed minimum wage for all hours worked plus the premium hour.
Premium Details:
- Premium amount: 1 hour of minimum wage
- Current minimum wage: $16.00/hour (as of 2024)
- Threshold: Premium applies if total earnings < (hours worked + 1) × minimum wage
States Without Split Shift Premium Requirements
The following states do not mandate split shift premiums. Employers are not legally required to pay additional compensation for split shifts, though some may offer it voluntarily:
Understanding Split Shift Premiums
A split shift premium is additional compensation paid to employees who work two or more separate shifts in one day with a break in between. The premium compensates workers for the inconvenience of having to return to work after a break.
How Split Shift Premiums Work
- Employee works two shifts in one day (e.g., 6am-10am and 2pm-6pm)
- There's a break between shifts (the "split")
- If premium applies, employer pays 1 hour of minimum wage as additional compensation
- Premium only applies if total earnings fall below a threshold
Spread-of-Hours Pay (New York)
While New York doesn't have a specific split shift premium, it does require spread-of-hours pay:
New York Spread-of-Hours Pay
New York requires employers to pay 1 hour of minimum wage as spread-of-hours pay when the workday exceeds 10 hours from start to finish. This applies regardless of whether the shifts are split or continuous. It's different from split shift premium but serves a similar purpose.
Employee Rights Regardless of State
Even in states without split shift premiums, employees working split shifts are still entitled to:
- Minimum wage: You must be paid at least minimum wage for all hours worked
- Overtime pay: If you work more than 40 hours in a week (or 8 hours in a day in some states), you're entitled to overtime
- Break requirements: State and federal break requirements still apply
- Meal breaks: Many states require meal breaks for shifts over a certain length
Calculate Your Split Shift Pay by State
Use our state-specific calculators to estimate your split shift pay based on your state's laws: