Work laws vary from state to state, which can leave some workers unsure of what exactly is allowed when it comes to their wages and schedules. For instance, most people are aware of basic overtime rules, but may not be aware of some of the specifics—especially when it comes to their specific state.
When employees do not know the protections that the Fair Labor Standards Act (FLSA) offers, their employers are better able to take advantage of them, and in some cases may illegally require their employees to perform unpaid overtime work. Work laws in California get even more specific than those at a federal level.
However, knowing the specifics of work laws in California, can help ensure that you are being paid what you’re due—and that your employers are not taking advantage of you.
Overtime Work Laws in California
Employees in California are owed overtime pay when at least one of two conditions applies: if they work more than eight hours in a day, or if they work more than 40 hours in a week. Some employees may have much longer shifts, working 12 hours or more in a single day. Under these circ*mstances, employees must receive double their usual pay past the 12-hour mark.
So, while it is indeed legal to work 12 hours a day or more in California, the employee must be compensated at double the regular rate for the hours past 12. Between eight and 12 hours, they must be paid time and a half.
Another situation in which an employee must be paid time and a half is when they work for the seventh day in a row. For the first eight hours of their shift on this day, they must be paid time and a half. After eight hours of work, any additional hours must be paid with double time.
Meal and Rest Breaks
Work laws in California also include meal and rest breaks. Longer shifts require breaks of more length and frequency.
After five hours of work, employees should get a meal break of 30 minutes, unless their workday will be completed within six hours and as long as they consent to waive the meal break. A second 30-minute break must be added if the employee works more than 10 hours unless the workday will be completed within 12 hours.
In some cases, the nature of the work requires that an employee remain on-duty during hours when they should be taking a break. In these cases, a paid meal period is permitted while the employee is on-duty, as long as the employer and the employee both agree in writing.
On top of unpaid meal breaks, employees should also receive a paid ten-minute rest period every four hours worked.
Exempt vs. Nonexempt Employees
Of course, these rules do not apply to all workers. Some workers are exempt from these overtime rules, which may include independent contractors, outside salespeople, seamen, criminal investigators, and more.
The Overtime Threshold and Employer Responsibilities
It’s important for workers and employers alike to be familiar with the threshold for paying overtime. Employers must pay overtime if the employee exceeds certain working hours, and employers who fail to track this correctly or to pay overtime could be on the line for financial damages if that worker brings a lawsuit.
Employers are eligible to decide what day and what time the workweek starts, but moving around these days and hours does not override the responsibility for paying overtime hours if a non-exempt employee puts in more than 40 hours per week.
The workweek can also be varied for different employees, but the same rules still apply as far as hours worked per day and per week. It is the job of the employer to track all of this information carefully to ensure that those workers who are entitled to overtime do indeed receive it, and lawsuits may be brought against employers who keep inaccurate time cards or fail to pay proper overtime wages.
California Laws on Breaks and Lunch
Employees can also bring lawsuits based on whether or not they did not receive the proper breaks and lunch per the laws. Rest periods should amount to ten minutes off for every four-hour period that the employee is scheduled to work. Employers do have the ability to structure their rules around breaks, such as whether they must be taken on the premises.
Many employees who elect to bring a lawsuit based on issues with their breaks or their overtime have their own records of when they worked and other evidence to support their claim. This information is often shared with an employment lawyer during an initial consultation.
Filing an Unpaid Overtime Lawsuit
In order to protect workers who report violations of FLSA or state labor laws, there are also laws in place to protect workers from discrimination or retaliation based on wage and hour complaints.
If you have worked for an employer in California that has failed to follow the Fair Labor Standards Act or state labor laws, such as overtime requirements, you may be able to file a wage and hour lawsuit.
