How Many Hours Between Shifts Are Required in California?
All businesses experience busy seasons. There may be times when the company workload is so high you can’t keep up and resort to mandating employee overtime. When this happens, you may wonder if there are laws addressing how many hours employees must rest between shifts in California.
California labor laws can be complex and employers often need additional guidance to understand legal regulations. If you are considering having your employees work extra shifts to keep up with customer demand, make sure any scheduling changes you make align with California’s labor laws.
To find an answer about the minimum amount of time California employees are required to have between shifts, we explored state employment laws and local ordinances and compiled our findings in this guide.
What is the minimum amount of time California employees must have between shifts?
There are no labor laws in California that dictate the number of hours that employees must have between shifts. This means you are well within your legal rights as an employer to schedule your employees for additional shift work or overtime.
For example, an employee can work double shifts where the first shift ends at noon and the second shift starts at 3 pm, and you won’t be violating any labor laws.
Are clopening shifts legal in California?
First things first, what is clopening? This phrase combines the words closing and opening to indicate when there is not much time between the closing shift of one day and the opening shift of the next.
For example, an employee may end their first shift at midnight and start their second shift 15 minutes after midnight. The short amount of time between the two shifts classifies this schedule as a clopening shift.
Although clopening shifts are legal in California, considerations should be given to employee productivity and whether or not these work practices comply with the Occupational Safety and Health Act (OSHA).
What is the split shift law in California?
Employees working split shifts encounter employer-established non-working periods. According to the California split shifts law, these interruptions must be longer than a typical meal period of 30 minutes for the schedule to qualify as a split shift.
A good example of an employee working a split shift is a restaurant worker who works a 9:00 am - 2:00 pm morning shift as well as a dinner shift of 5:00 pm - 8:00 pm.
Minimum wage employees working split shifts are entitled to split shift premium pay. The premium is equivalent to one hour of pay at California’s minimum wage or local minimum wage, whichever is greater.
Local scheduling ordinances
While no state law defines the minimum number of hours employees must have between shifts, local ordinances in Emeryville, Los Angeles, and Berkeley require employers to give employees sufficient rest time between shifts. Let’s take a look at the regulations found in these three cities.
Emeryville: Fair Workweek Ordinance
Emeryville Fair Workweek Ordinance
Enacted: July 2017
Industry: Retail and Fast Food (56+ global employees, 20+ local employees)
Minimum number of hours between shifts: 11 hours
Workers have the right to reject any shift that starts less than 11 hours after the previous day’s shift ends. If an employee does choose to work before their 11 hour rest period ends, you must compensate them 1.5x their regular pay rate for the hours they worked following an insufficient rest period.
Los Angeles City: Fair Workweek Ordinance
Los Angeles City Fair Workweek Ordinance
Enacted: April 2023
Industry: Retail businesses
Minimum number of hours between shifts: 10 hours
Employees cannot work a shift that starts less than 10 hours from the time their last shift ended without written consent. If an employee agrees in writing to work a shift that starts before the 10 hour rest period ends, they should receive premium pay at the rate of 1.5x their regular pay.
Berkeley: Fair Workweek Ordinance
Berkeley Fair Workweek Ordinance
Enacted: January 2023 (fully operative in January 2024)
Industry:
- Building services, manufacturing, healthcare, retail, hotel, or warehouse services, with 56 or more employees globally.
- Restaurant industry, with 100 or more employees globally
- Retail or restaurant industries, with 100 or more employees globally
- Non-profit organizations under section 501 of the U.S. Internal Revenue Code, with 100 or more employees
Minimum number of hours between shifts: 11 hours
Employees have the right to decline shifts that begin less than 11 hours after their last shift ends. Employees must indicate through writing that they are choosing to work before their rest period ends. These workers are entitled to premium pay at 1.5x their regular pay for any hours worked before their 11 hour rest period ends.
Minimum time between shifts for employees working safety-sensitive jobs
For most jobs and regions in California, there are no laws regulating how many hours there should be between shifts. However, some state and federal laws require a minimum rest period for employees working safety-sensitive jobs.
These occupations may include:
- Bus and truck drivers
- Railroad workers
- Pilots and flight attendants
Bus and Truck Drivers
The federal hours of service (HOS) rules allow passenger-carrying CMV drivers to drive up to 10 hours following an off duty period of 8 consecutive hours. Additionally, HOS laws prohibit drivers from driving once they accumulate 15 hours of work time.
These rules are similar to those found in California Vehicle Code 21702. According to this Vehicle Code, no bus driver is allowed to drive:
- More than 10 consecutive hours in a workday
- More than 10 hours in a 15-hour period
- More than 10 hours in a day unless they are given 8 off-duty hours
The California Vehicle Code prohibits truck drivers from driving:
- More than 12 consecutive hours in a day
- More than 12 hours in a 15-hour period
- More than 12 hours in a day unless they are given 8 off-duty hours.
Railroad Workers
As for railroad, train, and engine workers, federal law requires employers to give employees at least 10 consecutive off-duty hours for every 12-hour shift worked.
Pilots and Flight Attendants
The U.S. Federal Aviation Administration (FAA) finalized a new set of airline safety rules that include rest requirements for pilots and flight attendants.
Flight Attendants
According to the FAA, flight attendants must have at least 9 consecutive hours of rest for every 14 hours on duty.
Pilots
The FAA requires employers to provide pilots with at least ten straight hours of rest during a 24-hour period preceding the completion time of each flight assignment.
For in-depth details regarding rest requirements for employees working safety-sensitive jobs, consult an employment attorney in California.
Workday and Workweek in California
California law states that a workday is defined as:
”...any consecutive 24-hour period beginning at the same time each calendar day. The 24-hour period may start at any hour of the day but must remain consistent and unchanged.”
Note: The California Division of Labor Standard Enforcement (DLSE) uses the general midnight-to-midnight rule if you fail to define your workday.
California law defines a workweek as:
“Any seven (7) consecutive days starting with the same calendar day each week. A workweek is a fixed and regularly recurring period of 168 hours, or seven consecutive 24-hour periods.”
California law requires employers to give employees one day of rest in a workweek. Employees must work six consecutive days in an employer-defined workweek to be awarded a day of rest.
Navigate California labor laws with Timeero
Timeero helps you wade through California’s complex labor laws with reliable scheduling, time tracking, and California break tracking tools.
Efficient scheduling features
Timeero’s scheduling features allow you to easily create double or recurring shift schedules and assign them to employees. Employees receive instant notifications of shift assignments and can accept or reject shifts within the app.
Accurate time tracking
Timeero makes time tracking an effortless process. To clock in, employees choose a job assignment and select “clock in” on the Android or iOS mobile app.
Additional time tracking features such as geofencing and break reports, reduce instances of time-theft and provide real-time location data of employees.
Comply with California break law
Timeero’s California break tracker is explicitly built for businesses in California.
The California break tracker prevents employees from ending their breaks early. For example, if an employee tries to end their 30- minute meal break early, the app sends a message which reads, “You cannot end your break early. Wait until the minimum break time is exceeded before ending your break.”
Employees who work at least 3.5 hours are presented with a break attestation form to sign upon clocking out. The form provides proof that the employee took their meal and rest breaks in full compliance, exonerating you from any potential lawsuits and legal disputes.
If employees did not take a meal or rest break, they must provide a valid reason for missing the break, which you can review and address accordingly.
Bolster productivity and morale with mindful scheduling
Although there are no laws requiring employers to give workers a specific number of off-duty hours between shifts, employees should be given sufficient rest periods to safeguard their health, safety, and productivity.
If you’re in Los Angeles, Berkeley, or Emeryville, local ordinances require employees in specific industries to get adequate rest between shifts. Revisit this article any time to review these ordinances and always seek the counsel of an employment lawyer before implementing any law.
Ready to take your workforce to the next level? Try Timeero’s features built for California businesses for free and book a no-cost consultation call while you’re at it.
Minimum Hours Required Between Shifts: FAQs
Are there clopening laws in California?
There are no clopening laws in California. There is no minimum rest period that employees must be given between shifts.
Can I have less than 8 hours between shifts?
Yes. There is no law that states how many off-duty hours you must have between shifts.
