Wage and Hour Laws in California

Understanding the intricacies of California wage and hour laws can be daunting. These regulations aim to safeguard employees from unfair labor practices and guarantee equitable remuneration for their labor.

In this comprehensive guide by Freeburg and Granieri, we will break down the key aspects of these laws, providing you with a clear and concise overview. Whether you're an employee wanting to know your rights or an employer seeking to comply with legal standards, this article will serve as your go-to resource.

Minimum Wage

California's minimum wage sets the baseline for how much employers must pay their workers. Here's a breakdown of the current rates (as of July 2024):

• Current Minimum Wage in California (as of July 2024): $16.00 per hour. This applies to most employees in the state.
• Minimum Wage for Fast Food Workers: Starting April 1, 2024, fast food restaurant employees covered by the new law are entitled to a minimum wage of $20.00 per hour.
• Minimum Wage for Healthcare Workers (effective June 1, 2024): The minimum wage for many healthcare workers will increase to at least $23.00 per hour, effective June 1, 2024.

Minimum Wage Variations by City and County

Some California cities and counties have established even higher minimum wages than the state standard.

Exceptions to Minimum Wage

California's minimum wage is subject to a few exceptions, such as apprentices, and students in certain work-study programs. It's important to check whether these exceptions apply to your situation.

Overtime

Overtime pay ensures you're adequately compensated for working longer hours. Here's what you need to know about overtime in California:

Overtime Eligibility in California

Generally, non-exempt employees who work more than eight hours a day or 40 hours a week qualify for overtime pay.

Overtime Pay Rates

Overtime is calculated at one and a half times your regular pay rate for hours exceeding eight in a workday or 40 in a workweek. If you work more than 12 hours daily, you're entitled to double time, which is twice your regular rate.

Daily Overtime vs. Weekly Overtime

California law considers both daily and weekly overtime. You could qualify for overtime pay even if your workweek doesn't exceed 40 hours but you worked more than eight hours in a day.

Seventh-Day Pay Premium

If you work more than six days in a workweek, you're entitled to time-and-a-half pay for the first eight hours worked on the seventh day and double time for any hours exceeding eight on that day.

Meal and Rest Breaks

California mandates meal and rest breaks to ensure employee well-being and prevent burnout. Here's a closer look at these requirements:

Meal Period Requirements

Employees who work more than five consecutive hours must be provided with a 30-minute unpaid meal break. Employers must relieve you of all work duties and allow you to leave the premises during this break. You are entitled to a second meal period if you work more than 10 hours in a day.

Rest Break Requirements

You're entitled to a 10-minute paid rest break every four hours of work, which should be spread out throughout your workday.

Employer Responsibilities During Meal and Rest Breaks

Employers must refrain from interrupting your meal or rest breaks for work purposes. They must also provide a suitable area for you to take these breaks.

Wage Payment

Understanding how and when you get paid is crucial. Here are some key points regarding wage payment in California:

• Frequency of Paychecks (bi-weekly, semi-monthly, etc.): Employers must pay you at least twice a month, with some exceptions for certain industries. Your employer should have a posted pay date and/or payroll schedule.
• Acceptable Forms of Payment (direct deposit, check, etc.): Your wages can be paid through direct deposit, check, or another legal form of payment as long as you agree.
• Itemized Pay Stubs: You should receive a detailed pay stub with each paycheck that outlines your gross wages, deductions, net pay, and any accrued sick time.

What Should Be Included on a Pay Stub

A proper pay stub should include details like your name, pay period, regular wages earned, overtime pay, pre-tax deductions (taxes, health insurance), post-tax deductions (union dues), and net pay.

Withholding of Wages

Employers can withhold certain deductions from your paycheck, such as federal and state income taxes, Social Security, and Medicare. However, there are strict limitations on what deductions employers can make. They can only, for instance, deduct for things like uniforms, tools, or meals if they provide these items at a below-cost rate.

If you suspect your employer is deducting your wages illegally, you should speak with an employment attorney at Freeburg and Granieri or contact the California Department of Industrial Relations (DLSE).

Recordkeeping Requirements

California law mandates employers to maintain specific employee records. Here's what you need to know:

• Employer Responsibilities for Maintaining Employee Records: Employers must keep accurate records of employee hours worked (including meal periods), wages paid, and any fringe benefits provided.
  
• Required Information on Employee Records (hours worked, wages paid, etc.): These records should include your name, address, job title, rate of pay, hours worked each day, total wages earned, and any deductions made.
  
• How Long Must Employers Keep Records? Employers must retain employee records for at least four years after the last day of employment.

Employee Rights and Protections

California prioritizes worker well-being and fair treatment. Here are some key employee rights under California's Wage and Hour Laws:

• Right to Minimum Wage and Overtime Pay: You have the right to be paid at least the minimum wage and receive overtime pay for eligible hours worked.
  
• Right to Meal Periods and Rest Breaks: California law mandates that you be entitled to designated meal periods and rest breaks.
  
• Protection from Wage Theft: California protects employees from wage theft, which includes any violation of wage and hour laws, such as not paying minimum wage, denying overtime pay, or making illegal deductions from your pay.

How Freeburg & Granieri (APC) Can Help

At Freeburg & Granieri, APC, we specialize in exceptional employment law services in Pasadena, California. Attorneys with over a decade of experience handle each case, ensuring personalized and effective representation. Throughout your case, you will have direct contact with your attorney.

We treat our clients like family, investing in lasting relationships rather than treating them as mere commodities. From intake to trial, your case will receive the attention it deserves. Our clients frequently become friends and repeat customers, and former clients are the best referral sources.

Choose Freeburg & Granieri, APC, for dedicated and compassionate legal representation. Contact us now.

Conclusion

Navigating California wage and hour laws can be complex, but understanding your rights and responsibilities is crucial for employees and employers. From minimum wage requirements to meal and rest breaks, these laws are designed to ensure fair treatment and compensation in the workplace.

Should you need legal assistance, remember that firms like Freeburg & Granieri, APC, are here to help you every step of the way.