California Labor Laws

The U.S. Department of Labor has established certain employment and labor standards for the country as a whole. However, individual states can go above and beyond the Federal labor standards for workers. California labor laws differ from the Federal standards and provide workers with expanded employment rights in the following areas: minimum wage, overtime pay, and vacation pay.

California Minimum Pay

The minimum wage in California is higher than the minimum set by the Fair Labor Standards Act (FLSA). The U.S. Government requires that employers pay non-exempt employees $7.25 an hour, but CA minimum wage is $8.00 an hour. No covered employee may receive below that amount per hour, even if it is at the Federal minimum.

Additionally, there are these distinct differences between California labor law and Federal labor laws:

There is no distinction between adults and minors concerning minimum wage Employers may not count employees' tips toward their obligation to provide minimum wage

Employees who have not been paid according to their state's minimum wage are often entitled to back wages. A California wage and hour attorney can help them review their claims and guide them through the process.

No agreement can be made between a California employee and his or her employer for that employee to work for less than the minimum wage. California wage and hour law details exemptions to the minimum wage for certain types of workers.

Overtime Pay in California

California's overtime laws are more extensive than the Federal standard. Non-exempt employees are due overtime in the following cases:

Working over 40 hours in one (7-day, 168-hour) workweek Working over eight hours in one workday

Non-exempt employees cannot waive their right to overtime pay, nor can employers average more than one workweek or day together to avoid paying for overtime. According to California overtime law, Each unit of time stands on its own, and is eligible for overtime regardless of hours worked during other days or weeks.

Unpaid overtime from the past can be recovered if employees take legal action. By law, employers are to keep records of hours worked and rates of pay for their employees, even after employment has been terminated. However, this only lasts a few years, so it is important that California workers who have been denied overtime pay seek to recover this compensation sooner than later.

Vacation Pay in California

Under California labor laws, no employer is required to provide vacation time to its employees. However, if the employer and employee have agreed upon vacation time at the beginning of employment, the employer is legally obligated to abide by the agreement. Furthermore, in California,any vacation time accrued over the course of employment must be carried over into the next year or paid at the employee's regular "straight" rate of pay. This includes situations of resignation or termination from employment.

Vacation time in California is considered earned wages, meaning that it is accrued throughout the course of employment. If an employee is promised 10 vacation days in his or her first year of employment, for instance, each month of work earns him or her .83 days of vacation, all of which is compensable at any time of termination or resignation. The exception to this rule is in the case of an introductory employment period, which an employer may impose with the prior consent of the employee. In such a case, the employee may have to wait a predetermined period before becoming eligible for benefits and, therefore, compensation for said benefits.

IQOvertime.com has more information on California labor laws, and can connect you with a California overtime attorney to help you if you are owed back wages for unpaid minimum wage, overtime, or vacation time.

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