Employees’ rights in the United States are protected regarding the amount of money they should earn and the time they should work. Wage and hour laws outline the minimum wage an employee should earn per hour. Some states in the United States have a set minimum wage. Most states also have laws governing the hours an employee should work daily. California has laws that set the minimum amount an employer should pay an employee per hour and overtime pay. You should understand the laws that govern wages and working hours to help you claim your deserved wage. Consult our skilled attorneys at Stop Unpaid Wages if you work under conditions that do not meet California wage and hour laws' minimum standards. We provide reliable legal services.

Wage Laws In California

California's wage laws outline the minimum amount an employer should pay an employee. These laws seek to protect the employees and ensure that employers treat them fairly regarding wages for work done. Some statutes cover specific jobs that deserve overtime payment if an employee works for longer hours. Unfortunately, most employers overlook these laws, with only a few adhering to these guidelines. The good news, however, is that violating these statutes can attract civil penalties.

The common violations employers commit against wage laws include:

  • Failing to pay their employees overtime or extra wages for extra hours worked
  • Paying training wage to employees who should earn a regular wage
  • Deducting money from wages to cater for benefits like meals
  • Taking money from the salaries of employees who receive tips
  • Making employees work off the clock without wages
  • Paying employees less than what is stipulated by the state minimum wage laws

The common wage laws under California law include the following:

  1. Fair Labor Standards Law

Federal employment laws are enacted to protect workers and ensure they earn fair wages. The Fair Labor Standards Act (FLSA) established these laws to govern overtime pay, minimum wage, and child labor standards. The Wage and Hour Division in the U.S. Department of Labor is mandated to administer the law that determines if back wages are due. You can petition the court through the Wage and Hour Division for your back pay under FLSA violations. Your attorney can assist you in filing this claim if you believe you have a right to back pay from your employer.

The areas covered by the Fair Labor Standards Act include the following:

Exempt and Nonexempt Workers

According to the FLSA, an exempt worker is one to whom minimum wage requirements and overtime provisions do not apply. The minimum wage and overtime laws protect a non-exempt worker. Most employees in California fall under the non-exempt category.

Child Labor

FLSA laws allow children aged 16 years old and above to seek jobs in non-agricultural employment. This law also prohibits the employment of children below 18 years in hazardous occupations like driving vehicles or mining activities. FLSA laws do not cover children in the following areas:

  • Those making wreaths in their homes
  • Those delivering newspapers
  • Those in the acting profession

FLSA laws do not cover children in the following areas: those making wreaths in their homes, those delivering newspapers, or those in the acting profession. The Labor Department in California has specific regulations regarding children employed in agricultural settings.

Basic Wages

According to the FLSA, employers should pay their employees overtime wages at least one and a half times their regular hourly wage. An employer should pay a nonexempt worker earning more than $10 an hour at least $15 for every hour worked above the set 40 hours per week.

National Guard Deployment Law

Employees are protected by the Uniformed Services Employment and Reemployment Rights Act (USERRA) when they come back from a period of service in the uniformed services. This law covers the National Guard, and you cannot be discriminated against for your military obligation or service.

You have the right to resume work once you come back from deployment. Your reinstatement will include:

  • All the benefits related to your position
  • Wage
  • Same seniority

It is not mandatory for the employer to give you time off from your job if your spouse is deployed in the National Guard. It is not stipulated under the law, but most businesses often grant this leave. In this case, you should consult your management for guidance.

You are entitled to unpaid leave if you are called to active duty in the National Guard. Naval Militia, Reserves, and National Guard employees are also entitled to 17 days of unpaid leave a year for:

  • Special exercises
  • Naval cruises
  • Drills
  • Encampments
  • Military training, or
  • Similar activities

  1. Maternity Leave Law

According to the Family and Medical Leave Act (FMLA), employers should give their employees 12 workweeks of unpaid leave for the following reasons:

  • If you are medically unfit to work after suffering a severe health condition
  • The birth and care of the newborn child
  • Looking after a close relative suffering from a severe health condition, such as a spouse, child, or parent
  • Placement of a foster child or adoption of a daughter or son

You are entitled to maternity leave under the Family and Medical Leave Act if you:

  • You have worked for a company covered under the FMLA
  • Have worked 1,250 hours for the past year before the date you are requesting to start your leave
  • You have worked in the company for one year. In this case, you do not need to have worked in the company for 12 consecutive months.
  • You have worked in a company with over five employees, or another company within 75 miles has extra workers.

  1. Overtime Wage Laws

Two laws govern overtime wages in California. The Fair Labor Standards Act (FLSA) is the foremost. Under this law, an employer should guarantee you time and a half salary for the time you worked beyond the designated weekly hours. The second statute differs depending on your state (your state’s law). In this case, you should check the policies in your state regarding overtime wages. Most situations are covered under ’your state’s law’ or FLS, and your employer must follow one of the laws. Consult your labor attorney if you work overtime during the week without overtime wages. An attorney can establish whether your employer has failed to comply with the overtime wage laws.

The FLSA protects workers classified as 'nonexempt,' who are entitled to overtime pay. Whether you are exempt or nonexempt depends on your job duties and salary according to specific criteria under the law:

Duties Test

FLSA excludes workers who hold managerial positions. You are not entitled to overtime wages under FLSA if your title, salary, and job duties put you at a managerial level.

Salary Basis Test

Workers without a salary are covered under FLSA. You are considered an exempt salaried worker if your employer often pays you at least twice the minimum wage. In this case, you do not qualify for overtime wages.

Salary Level Test

You qualify for overtime pay if you earn less than $35,568 annually under the federal FLSA exemption standard. California has its own criteria for exempt status, which may vary.

FLSA law will apply if the outcome of the above test indicates that you earn below $23,600 per year. You will also be covered under this law if you are not in management and are not deemed an exempt salaried worker. Reach out to your labor attorney for help if you are not compensated well for the extra time you work.

Additionally, the duties that do not qualify for overtime payment include:

  • Personal companions or babysitters, excluding people who provide nursing care and domestic workers
  • Amusement park workers
  • Hawkers or marketers who work away from the business
  • Small farm workers
  • Volunteers
  • Computer technicians earning $27 per hour or more
  • Private contractors
  • Employees who deliver newspapers

  1. Minimum Wage Law

Federal laws demand that companies set an appropriate minimum wage for various jobs. Most companies and employment are governed by the Fair Labor Standards Act and must pay at least the federal minimum wage per hour or per employment. Your company must pay you the higher amount set by FLSA if the state pays less than the minimum wage set by the FLSA.

The minimum wage in California as of January 1, 2025, is $16.50 per hour. You are also entitled to overtime wages at a rate of time-and-a-half for more than eight hours of work done per day. According to California law, you should earn double if you work more than 12 hours a day. The California Department of Industrial Relations can help you understand more about wage laws.

Some industries have higher minimum wage requirements. For example, the minimum wage for fast food industry restaurants is higher than the state minimum wage. The state adjusts the minimum wage annually to account for inflation.

  1. Benefits Law

Benefit is a term that covers a broader scope of job-related advantages. Typically, it refers to anything your employer gives you apart from your regular salary. You are entitled to benefits like family medical leave because it is clearly stated under federal and state laws. Companies or employers do not lose money when they give benefits to their workers. The only cost your company or employer will incur by giving you a benefit is your time away from work.

Your employer should permit you to use the benefits if your work has law-mandated requirements. Some benefits are deemed optional, but you can negotiate with your employer to see if the benefits can be considered part of job compensation. However, family and medical leave are mandatory. The optional benefits you can secure as part of your job package include:

  • Life insurance
  • Disability
  • Medical coverage
  • Employee pension, and
  • Dental insurance

Your employer will be forced to adhere to specific federal laws if he/she decides to offer you the above optional benefits. These statutes are often complicated and technical to follow.

On the other hand, pension plans and health benefits are covered by the Employee Retirement Income Security Act of 1974. You should secure a notice of the term of the employee benefit plan before your employer offers one of these plans. Your employer must first notify you of the following:

  • Qualification requirements
  • The kind of plan
  • How and when will the plan be modified
  • The amount of money you will be required to pay for the plan, if applicable
  • The benefits of the plan

Consult a labor attorney if your employer has promised benefits but failed to provide them.

  1. Laws On Time Off For Voting

You are entitled to an off-work voting break for two hours at the beginning or end of your shifts. Voting break is payable provided you return to work within the stipulated period. However, your employer will not offer a voting break if you have sufficient time to vote while off duty.

  1. Laws On Domestic Violence Leave

You are entitled to a break to secure a restraining order or pursue other judicial relief from sexual assault or domestic violence. The law also allows the employer to offer employees unpaid leave to:

  • Relocate or engage in safety planning
  • Receive counseling
  • Pursue services from a domestic violence shelter or rape crisis center
  • Seek medical treatment

An employer must offer the above breaks if the company has at least 25 employees. However, the law does not clarify when an employer should adhere to the above breaks.

  1. Laws On Time Off For Jury Duty

The law allows you to take time off work, without fear of retaliation, for the civic duty of serving on a jury. You have a right to this break, provided you give reasonable notice of the requirement for the break. The law allows you to utilize accrued paid time off, including personal leave, comp time, and vacation time, during jury duty leave.

Time off for jury duty is often not payable, but special rules apply to exempt employees. According to the federal law, an employer cannot deduct an exempt, salaried employee’s wages for time taken serving on a jury. It can only be deducted if you did not work for the whole week.

  1. Laws On Paydays, Pay Periods, And The Final Wages

With some exceptions in California, wages must be paid twice monthly on the set days in advance as normal paydays. Employers must create a regular payday and post a notice indicating the location, time, and date of payment. This law is covered under Labor Code Section 207.

According to Labor Code Section 204, salaries earned between the 1st and 15th days of the month should be paid before or on the 26th day of every month. Salaries earned between the 16th and the end of the month should be paid before or on the 10th.

Under the Labor Code 201 and 227.3, you have the right to claim all your salary, including accrued vacation, if you are discharged. The employer must pay you immediately following a termination.

According to Labor Code 201, a group of workers must be paid within 72 hours if they are laid off because of the termination of seasonal employment.

Whether Tips Can Have A Negative Influence On The Amount Of Minimum Wage Paid

You are entitled to minimum wage under state and federal wage and hour statutes. The salary can be the minimum amount that the state or federal government sets. However, the laws are often complicated for jobs that include receiving tips. For example, under federal law, you are entitled to a minimum wage of $2.13 per hour if you earn more than $30 per month in tips. This law only applies if the employee’s total amount, including tips and wages, equals the minimum wage per hour of the job done.

It is an offense under the law for the employer to reduce your wages based on tips earned. You deserve minimum wages regardless of the tips you earn.

Whether Employees Should Receive Paid Breaks

Federal law does not require employers to offer paid breaks to employees. California law is more generous than the Fair Labor Standards Act (FLSA). Some of the common breaks provided include:

Meal Breaks

Under California labor law, employers are required to offer their employees a 30-minute, uninterrupted, off-duty meal break. This applies to employees who work beyond five hours per day. An employer should provide this break before the end of the fifth hour of work.

Rest Breaks

According to the California Department of Industrial Relations, employers are required to offer employees paid 10-minute rest breaks for every four hours worked. In this case, you are entitled to two 10-minute breaks on a 7-hour work shift. Any period exceeding two hours of work is considered a ‘significant fraction. Rest breaks are payable under the law because they are considered time worked.

Second Meal Break

You are eligible for a second 30-minute break if you work beyond ten hours per day. This break should come before the end of the tenth hour.

Exceptions

You can have limited rest breaks under certain situations, like working in 24-hour residential care facilities.

Employer Compliance

You are entitled to an extra paid hour of normal pay for each day of violation if your employer fails to provide appropriate rest or meal breaks.

The Process Of Recovering Back Pay

You can file a lawsuit against your employer if the employer fails to pay you for the work. However, you are not allowed to file a private lawsuit against your employer if the following conditions are in place:

  • The Wage and Hours Division (WHD) ordered your employer to pay you back
  • The Labor Secretary has already filed a case against your employer on your behalf
  • The two-year period expired before you filed the lawsuit

Your employer cannot discriminate against or discharge you for filing a lawsuit against them. It will be a retaliation and unlawful termination if your employer fires you because of your wage claim.

The procedure of reporting unpaid wages and recovering back pay includes:

Submitting Your Complaint

You should file a complaint immediately if you miss your salary. Once you present your complaint, the Wage and Hour Division (WHD) will conduct investigations according to the FLSA. WHD will order your employer to pay you if your allegations are genuine.

Once you have filed a lawsuit against your employer, the employer cannot discipline or fire you because the WHD often treats employee complaints with confidentiality. They cannot reveal your name and the nature of your accusation. You should provide the following information when filing your complaint:

  • Your name
  • Phone number and address
  • The address of your company
  • Your employer’s name
  • The job you did
  • Your working hours and rate of pay
  • How and when your employer paid you

Investigations Into Back Pay

WHD will choose industries or businesses to be investigated upon receiving claims. Sometimes, they can investigate various industries in a particular region or sector. Their investigations will involve:

  • A meeting between WHD representatives and company representatives
  • Checking company records to establish the laws or exemptions that apply to the company or its workers
  • Checking payroll records
  • Interviewing employees on the phone or through email
  • WHD will point out to the company where to correct
  • WHD will order the company to pay you if it owes you any back wages

Recovery Of Back Wages

Your attorney will fight to ensure you receive your pay for your work hours. The FLSA and the Labor Department often assist employees in recovering their back pay in the following ways:

  • Supervising the payment of back wages
  • The Labor Secretary can file a back pay case and an equal amount as liquidated damages
  • You can file a private case against your employer for back pay and an equal amount as liquidated damages
  • The Labor Secretary can secure an injunction to restrain your employer from violating the FLSA

Find An Experienced Employment Attorney Near Me

California labor laws are among the most employee-friendly compared to other states. The wage and hour laws ensure that employees receive fair compensation for the work done. Legal options exist if your employer does not comply with the wage and hour laws. With the help of an attorney, you can file a claim against your employer to seek compensation. If you need assistance from an experienced employment attorney, contact Stop Unpaid Wages. Our attorneys understand the employment laws and will do everything possible to defend your rights. Contact us at 424-781-8411 to speak to one of our attorneys.