California Wage and Hour Laws – All You Need to Know

While California wage and hour laws are considered to be some of the most employee-friendly in the nation, some companies may ignore or overlook their practical application. Unfortunately, it can sometimes be difficult to determine what laws apply to you. This is why it can be a good idea for you to know your rights.

California employees spend too much of their lifetime working to remain somewhere they hate or to feel that they are being treated poorly while there. Everyone deserves to go to their workplace feeling assured of their rights and value as an employee, and that can be hard to do when you are unaware of what is legally allowed and what isn’t.

California Labor Laws

Prior to the Fair Labor Standards Act (FLSA) of 1938, the United States did not enforce or uphold the rights of workers across the country. Men, women, and children worked under horrific conditions for unreasonable lengths of time. Lack of prioritizing employee rights led to injuries, illness, and even death. FLSA changed that, making it not only a priority but a legal right to have breaks and proper pay in the workplace.

California Wage Laws

The minimum wage in California is one of the highest in the United States – currently set at $16.50 an hour. This is an all-time high for California, as it has grown from $10.00 an hour in 2017 for companies with 25 employees or less and $10.50 for companies with greater than 25 employees. An even higher minimum wage per hour may be applied to certain healthcare workers and fast-food employees. While $16.50 is the state minimum, some counties may have a higher minimum wage.

Employees also maintain the right to receive overtime. While there are positions exempt from overtime, occupations that are non-exempt are legally guaranteed time and a half for any hours worked over the standard daily or weekly amount. If you work twelve-hour days or seven days straight on an alternating work schedule, you will earn double time. The goal of overtime pay is to discourage overscheduling, enabling the opportunity for work-life balance by rewarding those who decide to spend more than the expected time at work.

California Break Laws

One of the most valuable contributors to a successful and healthy work environment is breaks. Working without breaks is like running a marathon with no idea where the finish line is. It can lead to burnout and breakdowns.

This includes vacation time, meal breaks, and rest opportunities. Prior to labor laws in the United States, people worked grueling work days and were often denied breaks. They had to eat while working and often had only one day off per week.

Now, according to California Meal and Rest Laws, employers are required to give workers a 30-minute break for every five hours they work. This means there must be half an hour in which phone calls, emails, and anything work-related are not performed.

If you only work six-hour days, you are allowed to come to an agreement with your employer where you skip this break, but it is not required. In addition to this, for every four hours worked, you get a ten-minute break. During this time, you are permitted to enjoy coffee, cigarettes, or any other activity that helps you recharge.

California Discriminatory Pay Laws

Under the California Equal Pay Act (CEPA), it is illegal for employers to pay any employee less than someone performing substantially similar work in the company based on race, sex, gender, ethnicity, or age.

This should never be a factor in the hiring process or the payment process. If you suspect your employer of workplace discrimination, and if they are guilty of discriminatory pay, it is wise to reach out to a wage and hour lawyer. They will be able to help you hold your employer accountable under California state law.

FAQs

Q: What Are the Rules for Hourly Employees in California?

A: Your employer must uphold the minimum wage requirement, as well as any overtime requirements for non-exempt companies. You have a right to a 30-minute break for every five hours you’ve worked, as well as a 10-minute break for every four hours worked. If you suspect your employer is withholding these rights from you or any other employee, you should reach out to a Californian wage and hour lawyer.

Q: What Jobs Are Required to Pay $20 an Hour in California?

A: As of April 1, 2024, the minimum wage for fast-food employees is $20 per hour. This is due to AB 1228, a new rule in California. It was created to increase the minimum wage for fast food restaurant employees, as well as to establish a Fast Food Council. The Fast Food Council’s purpose is to uphold general rights for Californian fast food employees.

Q: What Is the 7 Minute Rule for Payroll in California?

A: In the state of California, the 7-minute rule allows employers to round work time put in by employees to the nearest quarter of an hour. This rule is applied when workers clock in or out within seven minutes of a quarter-hour mark. It makes it easier for employers to calculate pay without crossing into complications with overtime pay.

Q: What Is the Law for Salary Hours in California?

A: The way to go about understanding your rights as a salaried employee is to determine whether or not you are exempt from earning overtime pay. The minimum salary legally required by the state of California for workers exempt from overtime pay became $68,640 per year.

Non-exempt employees are still entitled to overtime regardless of whether they are salaried or paid hourly. Salaried employees who are exempt from overtime are legally entitled to meal breaks but not rest breaks.

Building a Better Workplace

If you believe your employer is violating your rights in any way, you deserve compensation. The legal team at MM Law, APC offers experience and compassion and is ready and eager to help you start your journey toward a better workplace. Contact us today for a consultation.