California has some of the most employee-friendly labor laws in the nation. There are numerous Labor Codes codified by the state, as well as multiple Wage Orders issued by the Industrial Welfare Commission. Employees must familiarize themselves with all of California’s Labor Laws to ensure their rights are protected. Thus, it’s not surprising we often receive calls from individuals looking to speak with a labor law attorney.
California Minimum Wage Law
The state of California sets the minimum wage for all of the State’s employees. However, Counties also can, and often do, set their own minimum wages. California requires employers to pay the minimum wage that that is the highest.
California’s current minimum wage is $14.00 per hour for employers with more than 25 employees and $13.00 per hour for employers with 25 employees or less. The minimum wage for all employers will increase by $1.00 per hour every year until it becomes $15.00 per hour for all employers starting January 1, 2021.
Employees must be compensated for every hour of work and the minimum wage cannot be waived.
California Overtime Laws
California employers must comply with California overtime laws for all work performed in the state. Overtime cannot be waived by the employee, and any agreement to do so is unenforceable per California Labor Code §1194(a).
California requires employers to pay one and a half times an employee’s “regular rate” if he or she works more than 40 hours per week or more than 8 hours per day. California also requires double the “regular rate” for work in excess of 12 hours per day. California Labor Code § 510(a).
Some employers try to avoid paying proper overtime wages by misclassifying their employees as “exempt” from overtime wages and paying them a salary.
California Vacation Pay Laws
California does not require employers to provide vacation time to their employees. However, if an employer does provide vacation time, then accrued vacation time is considered part of the employee’s wages and any vested vacation time must be paid out upon separation of employment.
California Meal Break Law
California law requires employers to provide every employee a meal period (lunch) consisting of 30 consecutive minutes for every period of work exceeding five hours. Labor Code §512. Those 30 minutes cannot be interrupted. Any employee working a twelve-hour shift, for example, must be provided two 30-minute lunch breaks.
California Rest Break Laws
California’s law requires employers to provide every employee a rest period consisting of 10consecutive minutes for every period of work exceeding four hours. Labor Code §226.7. Thus, an employee who works a twelve-hour shift must be provided with at least three 10 minute, uninterrupted rest breaks.
