Several states including California have gradually raised their minimum wages based on the size of the employer. Minimum wages for employers with less than 25 employees will be $13.00, while minimum wages for employers with 26 or more employees will be $14.00. By 2023, all employers will have to pay a minimum wage of $15.00.
Wage and Hour Law: What Is It?
A wage and hour law sets the minimum standards for pay and time worked, including how much you should be paid, tips, overtime, meal breaks, when it is reasonable to expect that you will be paid, and more.
What is the Origin of Wage and Hour Laws in California?
The Fair Labor Standards Act governs wages and hours in the United States. Several local governments (such as cities and counties) also have wage and hour laws. In situations involving more than one law, the employer must abide by the most generous law for the employee. Employers in California, which has a higher minimum wage, must pay that amount, even though the federal minimum wage is currently $7.25 per hour.
What is the California Minimum Wage for Tipped Employees?
California law does not allow employers to pay tipped employees a lower minimum wage, even though the federal Fair Labor Standards Act (FLSA) and some state laws do so. For every hour worked, tipped employees are entitled to the full minimum wage in California.
How do I know When I am entitled to Overtime in California?
Generally, if an employee works over eight hours a day or 40 hours a week, they must receive overtime pay. California employees must receive double time after working 12 hours in a day.
For the first eight hours of work on a seventh day, an employee has the right to time and a half, and for the remainder of the day, will have double time. Overtime is not available for every job, however.
Is it Okay for Me to Take a Lunch Break or Rest Period in California?
Definitely. California law requires employees to take a 30-minute, unpaid meal break after five hours, except when the workday will be completed in six hours or less, and the employer and employee agree to waive the meal break. If the workday is longer than 12 hours, the employee cannot work more than ten hours without a second 30-minute break.
In the case where the first meal break was not waived, the second meal break may also be waived. During the course of the workday, the parties can agree upon an on-duty meal period if the nature of the work prevents relief from all duties.
Each employee also has the right to a ten-minute rest period after four hours, or a significant fraction thereof, as feasible during a work period. California employees who work less than three-and-a-half hours daily are not required to complete this.
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