Although the U.S. Department of Labor has outlined labor law standards in the Fair Labor Standards Act, any state can legislate its own labor laws, so long as they provide added benefit to the workforce. California is one such state; there are California wage and hour laws concerning minimum wage, overtime pay, and vacation time that exceed the protections provided by the FLSA.
Minimum Wage in California Wage and Hour Law
The California minimum wage is $8.00 an hour. This is higher than the $7.25 Federal minimum, and all employees covered by California’s employment laws are entitled to this higher amount. Also of note:
• Tipped employees are entitled to this minimum pay in addition to any tips they make.
• There is not a different minimum wage for minors.
There is no situation in which a covered employee may accept less than the minimum wage from his or her employer, even if there is a written agreement signed.
Meal and Rest Periods in California Labor Laws
All employees in California that work a shift longer than six hours are entitled to a 30-minute uninterrupted meal period. Employees must be relieved of all duty and allowed to leave the premises, or this meal period must be paid. In specific cases in which an employee must work through his or her meal period (e.g., lone security guards or one-person coffee kiosks), a written agreement must be made between the employee and the employer. In cases in which the employee may not leave the premises, a sheltered place to secure and eat food or drink must be provided.
California wage and hour law allots 10 minutes of rest to every employee for each four-hour period of work. Periods longer than two hours are considered “major fractions” of four and counted as equivalent to four hours. Shifts lasting less than three-and-one-half hours are not entitled to rest periods. All rest time is considered hours worked and is paid.
Overtime Law in California
Non-exempt employees are entitled to overtime in California if they:
• Work over 40 hours in one workweek
• Work over eight hours in one workday
Overtime pay is calculated as time-and-a-half of an employee’s regular hourly wage. For salaried employees, that is arrived at by dividing their salary by 52 weeks and then dividing the result by 40 hours.
Workweeks and workdays cannot be averaged out to equal less than overtime hours. That is, a 9-hour workday and a 7-hour workday are not legally considered two 8-hour workdays. The first day has one hour of overtime and employees should be paid accordingly. So it is with workweeks as well. Individuals who have been victims of this practice may be entitled to recover the pay they have been denied. There is a statute of limitations, however, so legal action should be taken quickly.
Paid Vacation Time in California Law
Although vacation time is not guaranteed by California wage and hour law, any vacation time that’s promised to employees by their employer is. Employers must abide by their agreements with employees concerning benefits such as vacation time. They also must pay any unused vacation time to employees at the time of their termination or resignation, unless the employee has not completed an introductory period of employment mandated by the employer.
