Employment and Labor Law in California
Employment and Labor Law in California
Employment and Labor Law in California
With the Fair Labor Standards Act (FLSA), the U.S. Department of Labor outlined certain employment and labor law standards. Be that as it may, any state can enact separate labor laws, as long as they add to the FLSA's provisions. California labor laws are an example of this when it comes to minimum wage, overtime pay, and vacation time, certain standards differ in positive ways.
Minimum Wage in California
In California, the minimum wage is $8.00 an hour. Even though the Federal minimum is lower ($7.25 an hour), all non-exempt employees are legally entitled to the higher California minimum wage. Other important points:
There is no separate minimum wage for minors.
Independent of any tips they make, tipped employees are entitled to this minimum pay.
Employees may not waive these rights.
Meal and Rest Periods in California
Any California employee working a shift six hours or longer is entitled to a 30-minute uninterrupted meal period. If workers are not relieved of all duty, or if they are not allowed to leave the worksite, this meal period must be paid. There may be cases wherein an employee would have to be on-duty through his or her meal period, for instance, a security guard alone at a post. However, the employer and employee must have a written agreement to this effect. If an employee cannot leave the worksite during the meal period, reasonable accommodations must be provided to allow the consumption of food and drink.
Every four hours, employees are allotted 10 minutes of rest. Periods of more than two hours are rounded up to four. Shifts lasting three-and-a-half hours or less do not qualify.
Overtime in California
Any hours worked over 40 in a workweek and over eight in a workday are considered overtime in California. Overtime is compensable at 1.5 times an employee's hourly wage, provided they are covered by the employment laws of the state; certain types of workers are excepted from this provision. Salaried employees' hourly rates are calculated by dividing the salary by 52 weeks, then 40 hours.
In discussing California overtime laws, workweeks and workdays stand on their own. They cannot be averaged or cancel one another out. In any single workweek, hours worked over 40 are overtime for covered employees, as are hours worked over eight in a single workday. California employees who have been denied overtime due to this practice or others may be able to recover back wages from previous years. It is important that such individuals take legal action before the statute of limitations expires.
Vacation Time
Employment law in CA states that vacation time is only guaranteed to employees whose employer chooses to provide it. This choice is bound by law, however, and the employer must make good on the promise of vacation time. Furthermore, any unused vacation time must be either rolled over into the next year or paid as hours worked to the employee. This includes situations in which an employee quits, is fired, or is laid off.
Employers may choose to institute an introductory period wherein benefits are held off until a certain amount of time has passed. If an employee leaves during this period, he or she is not entitled to compensation for unused vacation days.
There is more information on California wage and hour law at USOvertimeLawyers.com. They can also connect you with a California employment law attorney who can review your claim for unpaid back wages.
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