Some employees have shift-based schedules that change often. There are certain scenarios that can make life and work very difficult for the employees. One of these occurs when an employee has to work a closing shift one night and then an opening shift the next day. This is known as clopening.
This practice is common for people who work in hospitality, food service and retail. Clopening shifts aren’t outright forbidden in California, but they are restricted in some areas.
Local laws apply
Certain municipalities in California allow employees to decline clopening shifts if they meet specific requirements. For example, Berkeley and Emeryville employees can decline these shifts if there aren’t at least 11 hours between the closing shift and the opening shift. The time between shifts must be at least 10 hours for Los Angeles employees.
In some cases, such as in Emeryville, there are minimum employee requirements. A company must have 56 or more employees in that municipality.
Another requirement for some locations is premium pay. In Los Angeles and Berkeley, employees are entitled to 1.5 times their standard pay for the second shift in this situation. The pay increases even more if the employee is due overtime pay for that shift.
All employers in the state should ensure they understand their employee’s rights and what pay they’re due for these situations. Employees may seek legal action if they feel the employer didn’t uphold those rights and pay requirements. California employers should ensure they have someone on their side who can help them to ensure they’re within compliance of all applicable laws.
