Only if he earns minimum wage or very slightly more and is non-exempt. The rule is you take his pay without any split shift premium; just the hours worked at the hourly rate. Then you take the hours worked plus, one hour, times the minimum wage. Whichever is higher is what you must pay. So for an eight hour split shift, the split shift pay goes away at $9/hr. based on the current $8/hr. minimum wage.