Top Ten Things You Should Know About California Wage and Hour Law

In California, the rules about pay and hours worked are outlined in the California Fair Labor Standards Act. They are there to make sure that workers are treated fairly. If you work in California, you need to understand these rules. This way, you can make sure you’re getting the pay and breaks you deserve.

The Minimum Wage

In California, the minimum wage is $15.50. Every worker should be aware of the baseline that employers are required to pay for each hour of work. This rate is set by the state and serves as the least amount that you, as an employee, should receive. Because the cost of living is not the same everywhere, some places in California have a higher minimum wage than the state’s standard rate, such as:

• Berkeley: $18.07/hour
• Emeryville: $18.67/hour
• Mountain View: $18.15/hour
• San Francisco: $16.99/hour

It’s a good idea to check the current rate for the area where you work to know what your hourly rate should be at a minimum.

Tipped Workers and the Minimum Wage

If your job includes earning tips, California law says you’re still entitled to the full minimum wage for each hour you work. Tips are an addition to your wages, not a substitute. This means if you’re a server, bartender, or in another job where tips are common, your tips are on top of the regular pay, not instead of it.

Hourly Rates for Overtime

Overtime pay ensures that you are fairly compensated for working longer than the standard workday or workweek. In California, you should receive 1.5 times your regular rate for any hours worked over 8 in a day or over 40 in a week. If you work more than 12 hours in a day, that rate goes up to double your usual pay. This encourages employers to manage work hours and gives you compensation for extra time spent on the job.

Lunch and Rest Breaks

Taking breaks is not only good for your well-being, but it’s also a requirement under California law. Employers must provide a 30-minute meal break if you work more than 5 hours, and if you work over 10 hours, you are entitled to a second meal break. In addition, rest breaks are required: a 10-minute rest for every 4 hours worked. These breaks are designed to prevent fatigue and ensure that you have time to rest during your shift.

Reporting Time Pay Rule

This rule protects you when you show up for a scheduled shift but work less than half of it because there isn’t enough work or you’re sent home. Employers may have to pay you for half of the scheduled shift, but not less than two hours and not more than four hours, at your regular pay rate. This rule recognizes that you’ve made yourself available for work and should receive compensation for your time and the inconvenience.

Being knowledgeable about these aspects of California’s wage and hour laws is empowering. If you ever find yourself uncertain or think your pay doesn’t reflect these standards, it can be wise to talk to someone who knows the ins and outs of these laws. An attorney can be a great help in these situations. Using a service like LegalMatch can put you in touch with a California lawyer who can answer your questions and assist you in any action you may need to take to ensure your rights are respected.

Exempt Employees

Some workers are called “exempt,” which means they don’t get overtime pay or need breaks by law. This usually includes professionals, managers, and some other types of jobs. However, to be exempt, you must earn a salary above a certain amount and do certain types of work.

Vacation Pay

In California, vacation pay is like money in the bank. Every day of vacation you earn while working is yours to keep. You may decide to leave your job, or your job may end for any other reason. If that is the case, your employer is required to pay you for all the vacation time you accumulated but didn’t use. This rule makes sure that the time off you’ve earned is respected just like the hours you’ve worked. Think of it as a delayed wage that you can collect when you move on from a job. It’s an important benefit that acknowledges your right to time off for rest and relaxation.

Employers often handle vacation pay by adding a certain amount of vacation time for each hour you work. This is known as “accruing” vacation time. The rate at which you accrue vacation time is usually explained when you start your job, often found in the employee handbook or your employment contract. While you can’t lose earned vacation time, employers can place a “cap” or limit on how much vacation time you can accumulate. Once you hit this cap, you won’t accrue any more vacation time until you use some of your current balance.

It’s also worth mentioning that not all time off is treated like vacation. For example, sick days in California are accrued differently and have different rules for payout when you leave your job.

Non-exempt Workers

Being non-exempt affects many aspects of how you’re paid and the kind of work schedule you might have. Basically, if you’re a non-exempt worker, the state’s wage and hour laws fully protect you. This means you’re entitled to overtime pay when you work more than the standard number of hours. You are also guaranteed to have rest and meal breaks throughout your workday.

Most employees in California fall under the non-exempt category. This category includes hourly workers and sometimes salaried workers, depending on their job duties and how much they earn.

For instance, even if you’re paid a salary, if you’re not making twice the state minimum wage for full-time employment, you might still be considered non-exempt. The same goes for the kind of work you do. If your job is not managerial, does not require specialized knowledge, or if you’re not making decisions of significant importance to the business, you are likely non-exempt.

Being non-exempt means your work hours are counted closely. If you work over 8 hours in a day or 40 hours in a week, you’re typically paid overtime at 1.5 times your regular rate. Additionally, if you work over 12 hours in a day, you’re generally looking at double your hourly rate for those extra hours.

The protections for non-exempt workers are there to ensure that you’re not overworked and underpaid. It’s a way of leveling the playing field, making sure that you’re paid for all the time you dedicate to your job and that you have time to rest and eat during a long shift.

Understanding whether you’re non-exempt is key to knowing your rights regarding overtime and breaks.

If you’re trying to figure out whether these rules apply to you or if you believe your rights as a non-exempt worker are not being respected, you might want to seek legal advice. An employment lawyer can help clarify your position and guide you through the steps to make sure you receive what you’re entitled to under California law. LegalMatch can connect you with a lawyer who is familiar with the state’s labor laws and can provide the help you need.

Paid Sick Leave for Part-Time Employees

In California, most workers, including part-time workers, earn paid sick leave. Usually, you earn at least 1 hour of sick leave for every 30 hours you work.

Wage Claims

If you think your employer has not paid you correctly, you can make a wage claim against your employer. This is a complaint you file with the Labor Commissioner’s Office. They look into your complaint and help make sure you get your proper pay.

Do I Need an Attorney?

Understanding these rules can be tricky, and if you think your rights have been violated, you might need some help. This is where you could use an attorney. A good step is to reach out to an attorney through LegalMatch. They can help you figure out if you have a case and what to do next. They’ll explain the law in a way that makes sense to you and guide you through the process of making things right with your employer.

If you need to talk to someone about your pay or hours at work, don’t wait. Reach out to a California employment lawyer through LegalMatch today. They’re there to help you understand your rights and to make sure you’re treated fairly at work.