As an employee in California, you have certain rights regarding your pay and work schedule. The state has specific wage and hour laws to ensure you are fairly compensated. Understanding these laws is essential for protecting your rights and ensuring you receive the pay and benefits you deserve. This article will discuss California wage and hour laws in detail.
The minimum wage in California
The minimum wage in California is currently $15.50 per hour for employers. This rate applies to all industries except certain exempt employees, such as outside salespersons and apprentices.
It’s important to note that some cities and counties in California have set their minimum wage rates, which may be higher than the state’s minimum wage. For example, the minimum wage in San Francisco is currently $16.32 per hour.
The minimum wage is different in California for tipped employees
Under the federal Fair Labor Standards Act (FLSA), employers must pay tipped employees a cash wage of at least $2.13 per hour as long as the employee’s tips bring their total earnings up to the federal minimum wage of $7.25 per hour. If employees’ tips do not bring their total earnings up to the federal minimum wage, the employer must make the difference.
In California, however, tipped employees are entitled to the same minimum wage as other employees. This means that employers in California are required to pay tipped employees the state’s minimum wage in addition to any tips they may receive.
When am I entitled to earn overtime in California?
In California, you can earn overtime pay if you work more than eight hours a day or 40 hours a week. Overtime pay is calculated at one and a half times your regular pay rate. If you work more than 12 hours a day, you are entitled to double time, which is calculated at twice your regular pay rate.
Some exceptions exist to these rules, such as for certain exempt employees, including executives, professionals, and administrative employees. However, these exemptions have specific criteria that must be met to qualify.
Entitled to a lunch or rest break in California
Under California law, you are entitled to a 30-minute uninterrupted meal break if you work more than five hours daily. If you work more than 10 hours daily, you are entitled to a second 30-minute meal break. These meal breaks must be taken before the end of the fifth hour and the end of the tenth hour of work.
In addition, you are entitled to a 10-minute paid rest break for every four hours worked. These breaks must be provided as close to the middle of the work period as possible.
California Wage and Hour Laws
California labor laws for hourly employees are designed to protect hourly employees from unfair pay practices. These laws cover various issues, including minimum wage, overtime pay, meal and rest breaks, and other working conditions. If you believe your employer is violating California labor laws, you can file a complaint with the California Labor Commissioner’s Office.
Where do wage and hour laws in California come from?
California wage and hour laws come from various sources, including federal and state laws, court decisions, and administrative regulations. The federal Fair Labor Standards Act (FLSA) sets most employees’ minimum wage and overtime pay requirements.
In addition to federal laws, California has its own wage and hour laws that provide additional employee protections. The California Labor Code and the Industrial Welfare Commission (IWC) Wage Orders set the state’s minimum wage requirements, overtime rules, and rest and meal break requirements.
California wage and hour laws are in place to ensure that employees are treated fairly and compensated appropriately for their work. As an employee, you must be aware of your rights and speak up if you believe your employer is violating these laws. Understanding your rights and advocating for yourself can help create a fair and just workplace.