California Court of Appeals Address Split Shift Premium Pay when Employee Earns More than the Minimum Wage – Los Angeles Employment Attorneys Blumenthal, Nordrehaug & Bhowmik

by Norman B. Blumenthal on November 23, 2012

  The California Court of Appeal has addressed whether split-shift premium pay can be paid to employees who already make more than the minimum wage. Aleman v. AirTouch Cellular.

Retail Sales Representatives, who worked for AirTouch Cellular, were required to attend occasional work related meetings before the stores opened. The meetings lasted from 60 to 90 minutes. The retail sales representatives sued AirTouch claiming they were entitled to split-shift premium pay any time they were required to attend a meeting, leave the store, and then return later to work their regular shift. AirTouch contended that split-shift pay was not due because the employees were paid more than the minimum wage for all hours worked plus one additional hour of pay. The Court agreed with AirTouch.

This holding should not apply to a split-shift action where the employees are not paid more than the minimum wage. In Figueroa vs. Circle K Stores, Inc., a class action suit filed by Blumenthal Nordrehaug & Bhowmik on July 20, 2012, Circle K failed to pay their employees who earned the minimum wage of $8.00 and worked split shifts, a premium of one hour's pay at the minimum wage.

Specifically, the class action lawsuit alleges that Circle K required their employees to work split-shifts that included reporting to work twice in one workday to attend mandatory safety meetings, but Circle K allegedly failed to pay these employees the wages owed to them for working the split-shifts.

If you need information on how to collect unpaid wages or want to join the Circle K class action lawsuit, contact Blumenthal, Nordrehaug & Bhowmik. Blumenthal, Nordrehaug & Bhowmik is an experienced California employment law firm with offices located in San Diego, San Francisco and Los Angeles. The firm dedicates its practice to contingency fee employment law work for issues involving misclassification as a salaried worker exempt from overtime, failure to pay vacation wages, misclassification as an independent contractor, off-the-clock work, wrongful termination, discrimination and other California labor laws.

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