Note: This feature actively rolling out across our product.

If you do not yet have access to it and are interested in our Fair Workweek offering, please fill in this form.

Background information

This guide outlines key information to keep in mind when you are using Deputy and inputting and reviewing the time and attendance of your employees under the Emeryville Fair Work Week law.

You can find more information about this law here:

Please also read: Setting up Fair Workweek in Deputy - Emeryville

While Deputy’s Pay Rule Engine, including this pay rate, is designed to Simplify Shift Work by reducing the time required to apply the relevant Legal Requirements through automation, it is not a substitute for payroll or legal advice, nor is it intended to relieve you of your obligation to comply with the Legal Requirements applicable to your business. It is ultimately each customer’s sole responsibility to pay its employees correctly and in compliance with all Legal Requirements.

Please review our Product Specific Terms for more information about your compliance responsibilities.

Important things to note before using this pay rate

If you do not see a pay rate listed in the tables below, then it is not included in the software at this time. If you are interested in adding customized pay rules to your account, please consider our Enterprise plan.
Public Holidays: Customers who wish to use a Public Holiday pay rule must designate a day as a Public Holiday on the Deputy schedule.
Time and attendance only customers: Please note that if you do not use Deputy for scheduling purposes, this pay condition will not function properly. Specifically, this pay condition contains pay rates for working on a scheduled day off. If an employee logs time in Deputy on a day they were not scheduled, this pay rate will be reported on the employee's timesheet as working on a scheduled day off, which may incur premium pay or a minimum shift payment. We encourage customers who intend to use this pay condition to upgrade to Deputy Premium which includes employee scheduling.
Recalculation is recommended to be set to All Timesheets within the applicable range for this pay rate. This can be accessed through Business Settings → Timesheets.
Change of shift premiums multiple times - If a published shift is changed and republished multiple times, multiple of the same or different premiums will apply.
Custom Timesheet fields: the following custom timesheet fields will be automatically added to your account:
- Unscheduled Shift (consent shift)
- Unscheduled Shift (consent hours)
- Early In
- Late In
- Late Out
- Early Out
- Agreed to Extend Shift
Changing pay rate export Codes from default: Currently, the export codes on the pay rates below are set to Deputy default for all accounts. To change the export codes to match your payroll system please read Edit timesheet export codes.

Pay rates for Emeryville

Pay rate name	Trigger	Payment
Ordinary	All times	1x Employee Base Rate
Public Holiday	Time worked is on a day designated as a Public Holiday	1.50 x Employee Base Rate
Period Overtime	Over 40 hours worked in the week (or applicable multiple for period)	1.50 x Employee Base Rate
Daily Overtime – First 4 hours	More than 8 hours worked in a day	1.50 x Employee Base Rate
Daily Overtime - After 4 hours	More than 12 hours worked in a day	2.0 x Employee Base Rate
7th Workday – First 8hrs	Employee has worked seven consecutive workdays in a single work week, for the first 8 hours of the shift.	1.50 x Employee Base Rate
7th Workday – After 8hrs	Employee has worked seven consecutive workdays in a single work week, after 8 hours of the shift.	2.0 x Employee Base Rate
Split Shift Premium	A day contains 2 shifts separated by more than 1 hour.	Between 0 and 1 unit of split shift premium, payable at the designated minimum wage (see below for more details on how to set this up)
Meal Break Premium	See below	1 x Employee Base Rate
Rest Break Premium	See below	1 x Employee Base Rate
Predictability Pay - Less than 14 days notice	Within 14 days of the start of the shift, a shift's length or time is altered.	1 x Employee Base Rate
Predictability Pay - Hours Increased or Changed - Less than 24 hours notice	Within 24 hours of the start of the shift, a shift is changed such that more time is worked or the shift is moved	1 x Employee Base Rate
Predictability Pay - Hours Reduced - Less than 24 hours notice	Within 24 hours of the start of the shift, a shift is changed such that less time is worked	4 x Employee Base Rate
Rest Between Shifts	<11 hours rest between two shifts over two days	Second shift gets paid at 1.50x until 11 hours of rest has been achieved

Setting the work period

The work period can be adjusted by changing the employee's agreed hours.

For more on how to do this, see these help articles:

Set a team member's regular working hours	Used for team members who have an agreement in place to work regular days or hours
Set up a team member's agreed working hours	Used for team members who have agreed to work a total number of hours over a set time period

Predictability pay

Predictability pay is driven by published changes made to the schedule. Important things to note here include:

Employees swapping shifts will not incur any premiums (but any previously existing ones will incur a premium)
Employees offering their shift will not incur a premium (but any claiming an offered shift will)
If a shift is deleted, a timesheet is automatically created with a time period of zero on that day. This stores any required premiums.
If the timesheet varies from the schedule (eg. the employee has clocked in or out early or late to cause a change), they are asked questions on why this change occurred. If they answer saying that a manager requested the change, then a premium is applied.
All timesheet changes are assumed to have been made during the shift and as such the maximum premium is applied.
Location changes do not incur predictability pay premiums.

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Break attestation

To enable you to comply with the missed break premium pay component of the California Labor Law, Deputy uses attestation questions when employees clock out of any shift where a rest or meal break was required.

IMPORTANT: Do not change the settings of the attestation question from the default or this feature may not function correctly.

The question for missed rest breaks will pop up on clock out of any shift of 4 hours or longer.
The question for missed meal breaks will pop up on clock out for any shift of 5 hours or longer.

If the employee answers the question as “No” they were not provided with the required breaks, the missed break premium pay will be applied to their timesheet.

Note: For employees with meal break waivers, Deputy recommends using the Emeryville Fair Work Week with Meal Break Waiver version of the pay rate. This changes when a premium was applied such that it will only be asked after six hours of working.

The attestation question responses provide documented evidence for the employer of the employee being provided with a 30 min meal break for every 5 hours worked during the shift, and paid 10 minute rest breaks for every 4 hours or major fraction thereof.

Upon clocking out for a shift, the employee is presented with the attestation question:

“I attest that for every 5 hours worked this work period, I took a continuous and uninterrupted meal break of at least 30 minutes."

“I attest that I took a 10-minute rest break for every 4 hours worked or major fraction thereof.”

This question will default to a Yes answer, and employees must actively select No to change the default. If the Employee selects No, they will be required to fill out a comment explaining why they were not provided with a meal break.

An example of what an employee might write as a comment here is:

“I planned to take a break but then a customer arrived and there was no one else to serve them so I never got to take a break”

On meal break premiums

If the employee answers Yes to the above attestation question, no premium will be triggered.

If the employee answers No, and they did not clock in sufficient breaks, a meal break premium will be applied.

On rest break premiums

If the employee answers Yes to the above attestation question, no premium will be triggered.

If the employee answers No, and they worked sufficient hours, a rest break premium will be applied.

Split shifts

A minimum wage employee with a split shift schedule within a workday must be owed a split shift premium. A split shift is two shifts separated by more than 1 hour in the same workday.

If the split shift extends into the next workday, only the hours worked on the Start Date of the shift count towards the Premium. A split shift is two shifts separated by more than 1 hour in the same workday.

ONLY the base rate hours count towards the actual cost of the split shift premium. This means that any Premiums, Overtimes, or any type of multiplied rates are not included in determining the number of units of Split Shift Premium owed.

Note: Split shifts are NOT guaranteed to work with auto-approval of shifts in Deputy.

Reporting the split shift premium

The amount of split shift premium pay owed depends upon the employee's pay rate. In Deputy, the Split Shift Premium is calculated in Units. Each Unit is intended to represent 1 hour at minimum wage. The customer must specify the dollar amount of the split shift premium in the pay rule in the employee's profile. It currently defaults to $0.

If the manager believes that a split shift premium has been applied incorrectly then the timesheet can be manually amended.

FAQ

Does Deputy apply missed break premiums if the break is not taken at the recommended times during the shift?

No, Deputy only applies a missed break premium if the employee states they were not provided with a break and they were owed a break based upon the length of their shift, and the existence of a waiver.

Does Deputy require employees clock out for all breaks?

No, employees must only clock out for meal breaks as they are unpaid. Employees should be paid for rest breaks. Missed rest break premiums will apply based on the employee's answer to the attestation question.

Why does Deputy always ask the attestation questions for breaks, even if the Employee clocked out for them?

Even if the employee clocks out for a break, Deputy cannot assume that they were relieved of their duties for the entire break period. Therefore, we always require the employee to answer the questions.

My employee worked a 10 hour shift without any breaks, but only received 1 Meal Break Premium and 1 Rest Break Premium. Why did they not receive a Premium for each break they missed?

Deputy only applies one of each type of Missed Break Premium per workday.