California Wage and Hour Laws and Claims

What are the California wage and hour laws?

Employers in California must pay an amount one and a half more than the regular hourly wage if the employee worked for more than eight hours or less than 12 for a day, or for eight hours on the seventh consecutive workday of the week. The regular hourly wage must be doubled if the overtime is more than 12 hours a day or more than eight on the seventh consecutive workday of the week.

Who are exempt from California wage and hour laws?

• Employees who earn more than $28,080 per year on a salary basis
• Work involve administrative, professional, executive, agricultural, computer, motor carrier or outsides sales activities
• Participants in national service programs
• The employer’s parent, spouse, or child
• Professional actors
• Employees of state, county, incorporated city, town, or municipal corporation
• Resident managers of small homes for the aged

What is the minimum wage amount in California?

The minimum wage in California is $8.00 per hour, higher than the federal at $7.25. Employers cannot use costs of employment to reduce the minimum wage, like considering tips, and providing and maintaining uniforms. However, the employee may agree voluntarily to it in writing, and the employer can decrease the minimum wage by the cost of meals and lodging.

Who are the employees who may receive pay below the minimum wage?

• Learners and employees who have had no related experience in the position (usually paid 85 per cent of the minimum wage)
• Camp employees (also paid 85 per cent of the minimum)
• Disabled employees and employees of nonprofit, licensed workshops or rehabilitation facilities

Does the state have rest and meal break laws?

There are no federal laws implemented regarding rest and meal break. But in California, nonexempt employees can take a 30-minute meal break within the first five hours of their work. They also have a ten-minute rest period after every four hours of work.

How can an employee file a wage and hour or labor standards claim in California?

Employer violations of the wage and hour laws in California can be filed with the local office of the Division of Labor Standards Enforcement (DLSE). Fill out an initial report or claim form as detailed and informative as possible. Include documents to support the claim, as well.

What is the claim’s statute of limitations?

File the claim with the DLSE within three years from the starting date of the claim. Though there are some penalties that are subject to one year of deadline.