Are you an HR professional or manager who organizes employees' schedules? Are you looking for the legal minimum time between shifts? Then this is the article for you.
No one wants to be in the office or at work in grueling back-to-back shifts. Is it appropriate to work 7 AM to noon, have a 2-hour break, then work 2 PM to 7 PM? What about 6 PM to midnight and 6 AM to noon?
In 1938 employment laws, including minimum pay, overtime, hours worked, record-keeping, and child labor laws, began to be codified. Across many industries, employees found themselves in new work environments that were healthier and more equitable.
However, no federal law dictates the minimum time between shifts. There's nothing even in The Fair Labor Standards Act (FLSA) that gives details about working hours.
Broad guidance comes from The Occupational Safety and Health Administration (OSHA), which states that any time over 40 hours of work (which is 8 hours a day for five days) is "extended and unusual." That means that anything past 40 hours counts as overtime, but OSHA doesn't say how long there has to be between shifts.
Though it can be hard to navigate these rules, you don't have to be in the dark. Here at Hubstaff, we've put together this article outlining regulations about the minimum time between shifts and how different states and industries manage employee rights and split shifts.
When learning about the minimum time between shifts, it's essential to know that there are different types of rests, breaks, and off-the-clock hours.
In the most general sense, the time between shifts is just the number of hours between the end of one shift and the beginning of the next. Let's explore these different periods.
Split shifts are work periods on the same work day that have a rest period longer than a typical lunch break.
For example, school bus drivers often work split shifts, requiring them to clock in for 4 hours in the morning, take a 4-hour break, then drive another 4 hours again in the afternoon.
State-by-state laws about split shifts vary based on:
Full-time or part-time employee status
Salaried or hourly work
The employee's expected or promised total hours
If employees are minors
In many fields, shifts are scheduled on different days yet still fall only a few hours apart.
This kind of split shift is common in the hospitality industry. A restaurant that opens at 10 AM and closes after 2 AM may schedule staff to work from 6 PM to 2:30 AM, then come back the next day at 9:30 AM.
This arrangement is known as a "clopening" shift. In this example, the worker has seven consecutive hours between shifts to get home, rest, and return to work.
Even though this is not enough time to get a good night's sleep, most U.S. states don't have laws to prevent overwork caused by very late shifts followed by very early ones.
When learning about the minimum time between shifts, it's essential to know that there are different types of rests, breaks, and off-the-clock hours.
In the most general sense, the time between shifts is just the number of hours between the end of one shift and the beginning of the next. Let's explore these different periods.
Split shifts are work periods on the same work day that have a rest period longer than a typical lunch break.
For example, school bus drivers often work split shifts, requiring them to clock in for 4 hours in the morning, take a 4-hour break, then drive another 4 hours again in the afternoon.
State-by-state laws about split shifts vary based on:
Full-time or part-time employee status
Salaried or hourly work
The employee's expected or promised total hours
If employees are minors
In many fields, shifts are scheduled on different days yet still fall only a few hours apart.
This kind of split shift is common in the hospitality industry. A restaurant that opens at 10 AM and closes after 2 AM may schedule staff to work from 6 PM to 2:30 AM, then come back the next day at 9:30 AM.
This arrangement is known as a "clopening" shift. In this example, the worker has seven consecutive hours between shifts to get home, rest, and return to work.
Even though this is not enough time to get a good night's sleep, most U.S. states don't have laws to prevent overwork caused by very late shifts followed by very early ones.
While there are some federal break laws for lunch periods, many rules regarding the time between shifts come from the state level.
Let's take a closer state-by-state look at minimum time requirements.
Oregon requires that employees have at least 8 hours off between shifts. Therefore, team members in Oregon can refuse to work strenuous "clopening" shifts.
While employees can agree to work shifts close together, shifts within 8 hours must pay double time.
There's no set time between shifts in California. Every five hours, many team members are eligible for a 30-minute break.
California law states that employees must get a bonus if they work two shifts with more than an hour between them within 24 hours. Employees who work two shifts with more than an hour apart should receive premium pay for each additional hour between these shifts.
If employees make more than minimum wage, California's rule about how long they have to wait between shifts can be waived.
In DC, the rules are a little more straightforward. Every day an employee works two shifts with more than an hour between them, they will get an extra hour of pay based on their typical pay rate.
In Hawaii, the law focuses more on ensuring that a worker's daily shifts aren't overly burdensome. The limit is a maximum of 14 working hours within 24 hours.
This rule doesn't apply if there's an emergency and team members need extra time or work shifts outside that 14-hour window. However, overtime laws and overtime pay may apply.
New York, like California, pays team members for breaks over an hour. If a break lasts more than 1 hour, you must pay the employee minimum wage for the hour.
Unlike California, the law also applies if employees work more than 10 hours daily. They still get paid if they work a 10-hour shift but have a 30-minute lunch break.
These laws may only affect specific industries, including:
Hospitality, hotels, bars, and restaurants
Educational institutions
Religious or charitable organizations
Nonprofit businesses
Industry-specific rules vary. As an employer, you must understand your industry's regulations to avoid compliance issues, legal problems, or regulatory penalties.
Some jobs require a certain amount of time between shifts. Some industries have rules that apply to things like:
Lunch breaks, rest breaks, meal breaks, or meal periods
The length of the interval between each shift
Whether the break or period of rest is long enough for substantial sleep
Time off within the day, week, month, or year
Each varies by industry and state laws. For this reason, it's critical to be familiar with your specific requirements.
For some high-risk careers, employers must give employees specific rest periods.
For instance, pilots cannot fly more than 8 hours in 24 hour period. When a flight is long, there must be more than one pilot so that they can take alternating shifts.
Long-haul truck drivers must take breaks between shifts set by each state and are often 8 hours long.
Child labor laws say minors are allowed to be employed, but with several restrictions.
Work schedule regulations for youth employees you may want to note:
14 and 15-year-olds can't work for more than four hours without a break. Work cannot exceed three hours on a school day and eight on a non-school day, for no more than 18 total hours per week.
16-year-olds don't have hourly restrictions. Still, they cannot work in any role deemed hazardous by the Secretary of Labor.
Minimum time between shifts may also be affected by union regulations.
Union rules vary a lot from one industry to the next. Some companies have more equitable union arrangements than competitors. When making a schedule and allocating hours, it's vital to know union rules to avoid problems.
A manager may encounter various compliance issues while scheduling employees due to state and industry differences.
Some things to watch out for include:
On-call and per diem laws
Fair Workweek laws regarding when an employee should receive their schedule
The number of hours that qualifies one as a full-time team member
The maximum amount of hours an employee can work in 24 hours
The laws regarding the minimum time between shifts are complicated, especially when considering all possible differences that one can face based on state or industry laws.
In the following examples, we'll look at
How certain shift types and scenarios impact the minimum time between shifts
How breaks and overtime hour laws affect the regular rate of pay
The split shift in California
Sandra is a nurse in California who often works two shifts on the same workday.
She works for minimum wage four days a week from 9 AM to 2 PM and 4 PM to 9 PM. Sandra works 40 hours a week, which is four 10-hour days. In between her two shifts, she has a 2-hour break.
Sandra has time to run errands and maybe take a shower, but not enough time to sleep, spend time with her family or do other essential things.
Under California labor law, Sandra works a split shift and should receive additional pay.
Sandra will receive pay for working this schedule every time she does it, equal to one hour's minimum wage pay. For her typical schedule, Sandra receives four extra hours of minimum-wage payment every week.
Nursing crisis in Hawaii
In this hypothetical example, Hawaii has declared a state of emergency due to a recent tsunami.
Drew works as a nurse at a local hospital. He works more than 14 hours daily and sometimes doesn't get much sleep between shifts.
The hospital where he works can expect this because Hawaii's rules about the minimum time between shifts say that team members can work more than 14 hours daily in an emergency.
Even though Drew won't get a bonus, OSHA's overtime laws will still apply.
In some states, the minimum time between shifts is a legal concern, so you must be familiar with the law to avoid labor violations. These laws also vary per industry, so it's essential to know which regulations to follow.
Hubstaff makes it easy to follow labor laws and automatically sets and monitors the minimum time between shifts for your team members.
Our system and resources keep your business above board and your team members happy.
Check out our free 14-day trial or sign up for a demo today.