California’s labor laws are widely regarded as some of the most employee-friendly in the United States, but they can also be complex and difficult to navigate. For employers in California, understanding how paid time is calculated for holiday scheduling, on-call duties, and split shifts is crucial. Whether you’re an employer trying to stay compliant with state laws, or an employee curious about your rights, it’s important to understand what counts as paid time under California’s labor code.
This blog post will dive into the specifics of holiday scheduling, on-call work, and split shifts in California. By the end of this post, you’ll have a clearer picture of when you are and are not entitled to paid time, helping both employers and employees stay informed and avoid costly mistakes.
Holiday Scheduling in California: Paid or Not? 
Overview of Holiday Pay
When it comes to holidays, the first question many employees have is: “Do I get paid if I don’t work on a holiday?” Under California law, the answer depends on a variety of factors, including whether your employer offers paid holidays as part of their benefits package.
California does not mandate that employers must provide paid holidays. However, many companies offer holiday pay as an incentive for employees to take time off during public holidays. In general, employees in California are not entitled to paid leave on holidays unless their employer has made it a part of their employment policy.
- Paid Holidays vs. Unpaid Holidays: Employers are free to decide which holidays, if any, they will compensate employees for. Common holidays like New Year’s Day, Memorial Day, and Christmas are frequently paid holidays, but it’s up to the employer whether they will offer that time off with pay.
- Holiday Work Pay: If you’re asked to work on a holiday, California law does not require employers to pay employees extra compensation, like “time and a half,” unless certain conditions apply. For example, if the employee works overtime or on the seventh day of work in a single workweek, then overtime pay is required. However, many companies offer additional compensation as a means to incentivize employees to work on holidays, even though it’s not a legal requirement.
Legal Requirements for Holiday Work
If you work on a holiday, your employer isn’t required by law to pay you more than your usual hourly wage unless:
- Overtime Pay: If you work more than 8 hours in a day or 40 hours in a workweek, you are entitled to overtime pay, regardless of whether it is a holiday.
- Seventh Day: If you work on the seventh consecutive day within a workweek, your employer must pay you time and a half for any hours worked beyond 8 hours.
For example, if you work on Labor Day (a public holiday) and you worked more than 8 hours, you would be entitled to overtime pay for the additional hours.
On-Call Work in California: What Counts as Paid Time?
Defining On-Call Work
On-call employees are those who must remain available to work outside of their regular working hours. While many employees in California are familiar with on-call duties, there’s often confusion about when this time counts as paid work.
California’s labor code doesn’t directly address “on-call” work, but the key to understanding on-call compensation lies in the level of restriction the employer places on the employee’s activities during on-call hours. If you are required to stay on-call but are allowed to engage in personal activities, like running errands or being at home, your time is typically not compensable.
However, if your employer places significant restrictions on what you can do, such as requiring you to stay within a specific geographic area or to be ready to work at a moment’s notice, this time could potentially be considered paid time.
Restrictions on Personal Freedom
The time spent on-call may count as paid time if the employer requires you to stay at the worksite or imposes major restrictions on your activities during on-call hours. For instance:
- Staying Close to Work: If an employee is required to stay within a certain radius of their workplace or their home is not far from the office, this could be considered “waiting time,” and it may count as paid time.
- Immediate Availability: If an employer expects the employee to respond immediately to any work requests, especially during off-hours, this restriction may cause the time to be compensable under California law.
On-call employees must be made aware of the specific expectations regarding their availability and pay, and employers should have clear, written policies to outline the terms of on-call work.
What About Waiting Time?
In many cases, employees on-call are asked to wait until they are needed. If the employee can use this waiting time for personal activities, such as watching TV or spending time with family, it’s generally not paid time. However, if the employer has specific rules about how the employee can use their waiting time (such as requiring the employee to stay at a certain location or refrain from activities), this could be considered compensable.
Split Shifts in California: Paid or Not?
What is a Split Shift?
A split shift occurs when an employee works a shift that is divided into two distinct periods, with a long break (usually more than an hour) in between. For example, an employee might work from 9:00 AM to 1:00 PM, take a 2-hour break, and then return to work from 3:00 PM to 7:00 PM. This type of scheduling is common in industries like retail, food service, and healthcare.
California law requires employers to provide meal and rest breaks, but there’s often confusion over whether time between shifts should be paid. The key issue with split shifts is that the time between work periods is often considered “inactive,” meaning it’s not typically counted as paid time unless certain conditions apply.
Are Split Shifts Paid?
California law does not mandate that employers pay employees for the time between split shifts unless the employer requires the employee to remain at the worksite or restricts their freedom to leave the area. If the employee is free to leave and engage in personal activities, that time is generally not compensable.
However, if the employer requires the employee to stay on the premises or imposes significant restrictions during the break, this time could be paid.
For example:
- If an employee is working a split shift in a restaurant and is required to remain in the restaurant during their break, that break time could be considered paid time.
- If the employee is allowed to leave during their break, the break time is generally not paid.
Overtime and Split Shifts
In addition to meal and rest breaks, employees working split shifts should also be aware of California’s overtime laws. If the total hours worked in a day exceed 8 hours or in a workweek exceed 40 hours, employees are entitled to overtime pay at a rate of time and a half for every additional hour worked.
For example, if an employee works a split shift and ends up working 9 hours in a day, the extra hour is subject to overtime pay, regardless of the break between shifts.
What Employers Need to Know
As an employer in California, it’s crucial to understand your responsibilities under the state’s wage and hour laws. Misclassifying employees or failing to compensate them correctly can result in costly lawsuits, fines, and penalties.
Clear Compensation Policies
Ensure that your compensation policies are clear and compliant with California labor laws. If you provide paid holidays, ensure your employees know which holidays are paid and under what conditions. Similarly, if you require on-call work or split shifts, make sure your employees understand what is and isn’t compensable time.
Track Work Hours Accurately
Employers must track hours worked accurately, especially when it comes to split shifts or on-call duties. This helps ensure that employees are paid correctly and that overtime is calculated appropriately.
Comply with Overtime Regulations
California law requires employers to pay overtime for any hours worked over 8 in a single day or 40 in a workweek. Be sure to monitor your employees’ hours carefully to avoid accidental violations.
Navigating California’s labor laws surrounding holiday scheduling, on-call work, and split shifts can be complicated, but understanding the rules is essential for both employers and employees. By ensuring that you are paying employees correctly for their time, you can help avoid costly legal issues and maintain a smooth, compliant workplace.
If you need assistance understanding or implementing California’s employment regulations, The Myers Law Group is here to help. Our expert employment law attorneys can help guide you through the complexities of California labor law to ensure that you stay compliant.