Emeryville: 11 hours between shifts
Emeryville Fair Workweek Employment Standards (Municipal Code Title 5, Chapter 39). Time and a half for the hours worked less than 11 hours after the previous day's shift. After the previous day's shift.
Sample data: a 3 PM to 11 PM close, then a 7 AM open. Type your own shifts.
Times in local time; the gap is the real elapsed time, so the nights the clocks change count one hour more or less. Nothing you type leaves this browser.
Result
- Premium owed
- $30.00
- Rest between the shifts
- 8 h
- Emeryville rest window
- 11 h
- Inside the window?
- Yes
- Hours the premium applies to
- 3 h
- Pay for those hours at the rest rate
- $90.00
Time and a half for the hours worked less than 11 hours after the previous day's shift. After the previous day's shift. Premium owed = what the rule adds over straight time for those hours. Applies the rest-between-shifts rules of the jurisdiction you choose to the shifts you load. Coverage depends on your industry and size — check with the city or state labor office. Not legal advice. Not affiliated with any city or state agency.
The employee may decline; hours worked with written agreement are paid at time and a half. The Emeryville rule, coverage and source.
Many shifts? Load the whole timecard file.
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The rule
An employee has the right to decline work hours that occur: Less than eleven (11) hours after the end of the previous day's shift; or During the eleven (11) hours following the end of a shift that spanned two (2) days. An employee who agrees in writing to work hours described in this section shall be compensated at one and one-half (1-1/2) times the employee's regular rate of pay for any hours worked less than eleven (11) hours following the end of a previous shift.
Quoted from: Emeryville Municipal Code Chapter 39 Fair Workweek Employment Standards (Ord. 16-007, effective July 1, 2017), right to rest section, read 2026-09-30.
Who is covered (you decide)
- Retail firms with 56 or more employees globally
- Fast food firms with 56 or more employees globally and 20 or more employees in Emeryville
- The employee is entitled to the California minimum wage
Consent
The employee may decline; hours worked with written agreement are paid at time and a half.
How it is counted
Hours worked inside the first 11 hours after the previous day's shift (or a shift that spanned two days).
In force since 2017-07-01.
Worked example
Sample data: a 3 PM to 11 PM close, then 7 AM to 3 PM the next day at $20 an hour: 8 h of rest, under Emeryville's 11-hour window. The premium applies to 3 h: $90.00 at the rest rate, $30.00 more than straight time.
A whole week for every employee: the timecard audit with Emeryville selected. Applies the rest-between-shifts rules of the jurisdiction you choose to the shifts you load. Coverage depends on your industry and size — check with the city or state labor office. Not legal advice. Not affiliated with any city or state agency.
Sources
- Emeryville: Emeryville Municipal Code Chapter 39 Fair Workweek Employment Standards (Ord. 16-007, effective July 1, 2017), right to rest section — https://ecode360.com/46994413, read on 2026-09-30
Frequently asked questions
- How many hours between shifts in Emeryville?
- 11 hours. Time and a half for the hours worked less than 11 hours after the previous day's shift. After the previous day's shift.
- Is clopening illegal in Emeryville?
- Not banned: The employee may decline; hours worked with written agreement are paid at time and a half.
- Who does the Emeryville rule cover?
- Retail firms with 56 or more employees globally; Fast food firms with 56 or more employees globally and 20 or more employees in Emeryville; The employee is entitled to the California minimum wage. Check coverage with the labor office.
- Does a split shift count?
- No: the rule counts a shift after the previous calendar day's shift or after a shift that ran past midnight. Two shifts inside one calendar day are not counted.