Compliance Playbook Content: View Playbook • See disclaimer below
Overview
Split Shift is a Pay Exception rule that can be configured within a Rule Set in the Above Store Console (ASC).
Split shift requirements may be referred to differently depending on the jurisdiction or policy. Similar requirements may appear as split shift premium, split shift pay, or may overlap with concepts such as spread-of-hours pay.
A split shift generally occurs when an employee works two or more separate work periods in the same workday, with unpaid, non-working time between them that is longer than the applicable threshold. This is different from a standard meal or rest break.
- For details on creating, editing, and assigning Pay Exception Rule Sets in general, refer to this article.
- This functionality can be configured regardless of whether a specific jurisdiction is listed in the compliance coverage section below.
Compliance Coverage by Jurisdiction
The table below lists where split shift, split shift premium, or spread-of-hours requirements may apply and the common terminology used in those jurisdictions.
| State / District | City / Jurisdiction | Common Terminology | Notes |
|---|---|---|---|
| California | Statewide | Split shift premium | May apply when an employee’s workday is interrupted by unpaid, non-working time other than a bona fide meal or rest break. |
| District of Columbia | Districtwide | Split shift pay | Appears broadly applicable under D.C. wage-hour rules, with an exception for employees who live on the employer’s premises. |
| New York | Statewide / wage-order specific | Split shift / spread of hours | Requirements may vary by wage order or industry, including hospitality and miscellaneous industries. |
| Last Updated: September 14, 2026 | |||
Eligibility and calculation requirements may vary by employer, employee, industry, wage order, scheduled hours, and local requirements. Customers should confirm applicability before configuring rules in ASC.
Split Shift Rule Configuration
The Split Shift rule can be configured to provide additional pay when an employee works two shifts in the same business day and the unpaid time between those shifts exceeds the configured threshold.
This rule may be used to support jurisdictions or policies where employees may be eligible for premium pay when the business schedules their workday in separate work periods with unpaid, non-working time in between. The specific terminology and calculation method may vary by jurisdiction or policy.
The following settings determine how the exception is calculated and when it applies:
-
A - Time Between Shifts: Defines how much time between two shifts in the same business day must be exceeded for the Split Shift rule to apply.
Example: If this setting is 2 hours, the rule may apply when the time between the employee's two shifts is more than two hours.
-
B - Pay Calculation: Select how additional pay is calculated when the rule applies:
- Time x Rate: Pays the selected amount of time at either Minimum Wage or Highest Rate.
- Differential Formula: Calculates whether additional pay is needed by comparing the employee's earnings to the required minimum earnings under the split shift calculation.
- Fixed Amount: Pays the configured flat amount when the rule applies.
- C - Include Salaried Employees: Select this option to include salaried employees when applying the rule.
- D - Earning Code: Maps the applicable pay adjustment to an earning code for payroll export. This field is optional; if no earning code is configured, the standard default earning code is applied. Customers should confirm the appropriate earning code with their payroll team.
Related Articles
- HS ASC: Time and Attendance - Pay Exceptions
- HS ASC: Pay Exceptions - Predictability Pay and Right to Rest Rules
- HS ASC: Pay Exceptions - Minimum Shift Rule
- HS ASC: Pay Exceptions - Meals & Breaks Rule
- HS ASC: Pay Exceptions - Premium Pay Rule
- HS ASC: Pay Exceptions - Regular Schedule Rule
- HS ASC: Pay Exceptions - Good Faith Estimate Rule
Important Disclaimer: Customers are responsible for their own compliance obligations and should consult qualified legal or compliance professionals for guidance specific to their organization. This content is provided for informational purposes only and is not legal advice. Fourth provides this information to facilitate internal discussion and ongoing compliance awareness. It has not been prepared or reviewed by legal counsel, and Fourth does not provide legal or regulatory advisory services.
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