Overview of California wage and hour law:
California wage and hour law refers to the legal standards and regulations that govern the compensation and working conditions of employees in the state of California. It encompasses the minimum wage, overtime pay, meal and rest breaks, and other employment standards. The California Labor Code and Wage Orders of the Industrial Welfare Commission establish these standards, which often provide stronger protections for workers than those outlined in federal law.
The California Department of Industrial Relations and the Division of Labor Standards Enforcement are responsible for enforcing the state’s wage and hour laws. Employers who violate these laws can be held liable for penalties, including the payment of back wages, liquidated damages, and attorney’s fees to affected employees.
Types and Examples of California wage and hour law:
California wage and hour law cover several key areas of employment, including the following:
Minimum wage: Minimum wage is the lowest hourly rate that an employer can legally pay an employee for their work. In California, the minimum wage is set by the state government and is reviewed annually. As of 2023, employers’ minimum wage is $15.50 per hour.
Example: An employee who works as a cashier at a small retail store in Los Angeles with fewer than 25 employees earns $15.50 per hour. The employee works 40 hours per week and is paid $620 for their work, which is the minimum legal amount they must be paid for their labor.
Overtimes pay: In California, most non-exempt employees are entitled to overtime pay for hours worked beyond 8 hours in a day or 40 hours in a week, at a rate of one and a half times their regular pay.
Example: An employee who works 45 hours a week is entitled to 5 hours of overtime pay at time and half their regular rate.
Meal and rest break: California law requires employers to provide non-exempt employees with a 30-minute meal break if they work more than 5 hours in a day and a 10-minute rest break for every 4 hours worked.
Example: An employee who works 7 hours a day is entitled to a 30-minute meal break and two 10-minute rest breaks.
Reporting time pay: California law requires employers to pay employees who report working as scheduled, but are not given enough hours to work a full shift.
Example: An employee who reports working but is sent home after only 2 hours must be paid for at least 2 hours of work.
Final pay: California law requires employers to provide final pay, including all earned wages and accrued vacation pay, to an employee who resigns or is terminated, within a certain timeframe.
Example: An employee who resigns after working for a company for 5 years must be paid all earned wages and accrued vacation pay within 72 hours of their last day of work.
Paid sick leave: California law requires employers to provide eligible employees with paid sick leave.
Example: An employee who takes 3 days off due to a family member’s illness must be paid for those days at their regular pay rate.
Off-the-clock work: California law prohibits employers from requiring employees to work “off the clock” without compensation, such as completing tasks before or after their scheduled shift.
Example: An employee who is required to check and respond to work-related emails outside of their scheduled shift must be compensated for that time.
What you should do?
If you are a victim of California wage and hour claims, here are some steps you can take:
Gather evidence: Keep records of your work hours, pay stubs, and any other relevant information that can support your claim.
File a complaint with the California Labor Commissioner’s Office: You can file a complaint with the Labor Commissioner’s Office, which is responsible for enforcing California’s wage and hour laws. The complaint should include information about your employer, the type of violation, and the dates it occurred.
Consult with an attorney: If you are unable to resolve the issue with the Labor Commissioner’s Office, or if the case is complex, you may want to consult with an attorney who specializes in wage and hour law. An attorney can help you determine your rights and options, and represent you in negotiations or in court if necessary.
File a lawsuit: If the Labor Commissioner’s Office is unable to resolve the issue or if the case is particularly complex, you may need to file a lawsuit in court to seek relief.
It’s important to act quickly, as there are strict time limits for filing wage and hour claims in California. Additionally, seeking the assistance of an attorney or filing a complaint with the Labor Commissioner’s Office can help ensure that your rights are protected and that you receive the full amount of compensation you are owed.
When to contact an attorney?
It may be appropriate to contact an attorney if you believe you have been a victim of a California wage and hour violation and:
You have not been able to resolve the issue with your employer or through the California Labor Commissioner’s Office.
The case is complex or involves multiple violations.
Your employer is disputing your claim or has taken action against you as a result of your complaint.
You are unsure of your rights or need guidance on the legal process.
An attorney who specializes in California wage and hour law can provide you with valuable advice and representation, and help you determine your options for seeking relief. They can also assist you in negotiating a settlement or representing you in court if necessary. It’s important to act quickly, as there are strict time limits for filing wage and hour claims in California.
If you believe that you have been a victim of a California wage and hour violation and are in need of legal representation, consider hiring Jonny Law, a law firm that specializes in wage and hour law. With experienced attorneys who have a proven track record of successful outcomes for their clients, Jonny Law can provide you with the guidance and representation you need to resolve your wage and hour claim and receive the compensation you are owed. The firm has a deep understanding of California wage and hour law and a commitment to protecting the rights of workers. Don’t wait, contact Johny Law today and take the first step toward securing your rights and getting the justice you deserve.
