It expands the protections and benefits provided by the federal labor laws to make it even more appealing for workers.
However, there is still a lot of confusion about the labor rights here in California.
So to shed more light, here are answers to some of the frequently asked questions about California Labor
Law:
What is the California Minimum Wage?
The California minimum wage is $8.00 per hour, which is higher than the national minimum wage of $7.25.
Do employers have a choice between the national and state minimum wage.
No. The general rule is that the employers should follow the rate that is more beneficial to their employees.
Since the California minimum wage is higher than the national minimum wage, then employers are to follow the $8.00 per hour rate.
Can employers pay only a percentage of the minimum wage if the employee earns in tips?
That is a “No” in California.
While federal laws allow employers to pay only a percentage if the employee can make up for the rest in tips, the state does not follow that rule.
Even if the employee earns tips, you still have to pay the whole minimum wage.
Are there exemptions to minimum wage?
Yes that includes:
- Outside salespersons
- Spouse, child, parent of employer
- Apprentices
- Learners can be paid 85% of minimum wage for firs 160 hours
How much is the overtime rate?
It is one and a half times the employee’s rate for every hour after the first 8 hours of work for both state and federal laws.
However, those who work in excess of 12 hours in a day may qualify for double the regular rate in California.
Who are exempt from overtime pay?
There are several exemptions for overtime, including:
- Executive employees
- Administrative employees
- Professional employees
- Computer professional with a rate of $41 per hour or higher
- Outside salesperson
If the employee spends more than 50% of his time in production then he is non-exempt.
If majority of his time is spent on duties that are included in the exemptions above, then he is exempt.
Are employers required to give breaks?
Yes, in California,
Under state law, employers are required to proved a 30 minute meal break if the employee has worked in excess of 5 hours.
The employee must be relieved of all work related activities as this is a non-working break.
Employers are also required to provide a 10-minute break for every four hours of work.
This break is part of the working hours of the employee so it cannot be deducted from his wage.
What are my options if I have an unfair wage claim?
You can either file an unfair wage claim with California’s Division of Labor Standards or you can choose to file an unfair wage lawsuit directly to the courts.
However, you should review your employment contract as it may have a provision that you need to go through an alternative dispute resolution (ADR) process before you can file a lawsuit.
In any case, you should consult a Los Angeles Employment Lawyer for more advice.
The Mesriani Law Group has a wide range of legal resources as we work with the best lawyers and litigators in each state across the United States. We offer a unique attorney directory where you can find a lawyer's location and area of practices. For more information contact Mesriani Law Group at 310-826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025.
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