California Labor Code: The Wage And Hour Laws You Need To Know

As an employee, sometimes it feels like your boss has all the power and you’re stuck with their decisions. If you argue, you may be worried that you run the risk of losing your job. However, federal and state laws recognize that power imbalance give you certain rights and protections as a worker.

Federal labor laws are set out in the Fair Labor Standards Act and represent the minimum rights of employees. States and local governments can pass laws that give employees greater rights and protections and employers must follow the rule that most benefits the employees. For example, if federal law says you’re entitled to a single 10-minute break for every 4 hours of work but California law says you’re entitled to 2 breaks, your employer has to follow the California law. The California labor code regulates the amount workers must be paid, the hours they can work, and more. Let’s take a look at some of the most important provisions.

The Minimum Wage

Federal law mandates that workers must be paid at least $7.25 per hour – that’s the “minimum wage.” Fair Labor Standards Act § 206(1)(c). California, however, goes further, with a minimum wage of $10 per hour starting January 1, 2016. If your employer provides you with meals or lodging, they can’t credit that against your minimum wage without an express written agreement. Even if you do have a written agreement, they can’t take more than:

• $47.03 per week for a room you’re occupying alone
• $38.82 per week for a shared room
• 2/3 of the ordinary rental value or $564.81 per month, whichever is less, for an apartment
• 2/3 of the ordinary rental value or $835.49 per month, whichever is less, for an apartment shared by a couple where both people are employed by the same employer
• $3.62 for breakfast
• $4.97 for lunch
• $6.68 for dinner

If you’re working as a server or in another position where you earn tips, you still have to be paid at least $10 per hour by your employer – they can’t count your tips toward your minimum wage.

Lunch And Breaks

The rules for lunches and breaks are set out in California Labor Code § 512. If you work at least 5 hours, you’re entitled to a 30-minute unpaid meal break. If your whole workday is 6 hours or less, you can choose to skip the meal break. If you’re going to work more than 12 hours per day, you’re entitled to a second 30-minute unpaid meal break after the 10th hour. If you’re working 10-12 hours, you can choose to skip your second meal break as long as you took the first one. If you’re working at least 3.5 hours, you’re entitled to a 10-minute paid break every 4 hours.

If the nature of your work doesn’t allow you to take 30 minutes off for lunch (completely off, with no duties or responsibilities), then you and your employer may agree in writing to an “on-duty” lunch. You’ll eat on the job and be paid at your regular rate. If your employer doesn’t let you leave the work site for lunch, you must be paid at your regular rate for that time even if you’re off-duty. Bono Enterprises, In. v. Bradshaw (1995) 32 Cal.App.4^th 968.

What happens if you’re entitled to a lunch break, paid or unpaid, and your employer doesn’t give it to you in accordance with the law? Your employer has to pay you for an additional hour at your regular pay rate for every day it happens.  IWC Orders and California Labor Code Section 226.7.

Overtime Pay

In addition to the California minimum wage, you’re also entitled to overtime pay if you work more than a certain amount of time. In general, you get overtime pay for working more than 8 hours a day, 40 hours a week, or 6 days a week. The exact amount of overtime varies by how much you’re working and on what schedule, but it’s usually 1.5 or 2 times your regular rate of pay.

What Can You Do About Wage And Hour Violations?

Knowing about the California labor code doesn’t do you any good if there’s no way to enforce it. If you’ve been the victim of a violation of wage and hour laws, you can file a complaint with the Labor Commissioner’s Office to get the money you’ve earned. If that complaint doesn’t get you the outcome you want, you may also choose to consult with an experienced California wage and hour attorney to look into your options for filing a lawsuit against your employer.

The idea of filing a complaint or claim against your employer can be a little scary, but the law protects you from retaliation from your employer. They’re not allowed to fire you or cut your hours in retaliation for you filing a complaint or claim. If they do retaliate, it’s time to talk to an experienced California employment lawyer to learn about your options for dealing with wrongful termination.

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