Wage & Hour Law in California

September 30, 2010

Minimum Wage

California requires a minimum wage for most employees. The current minimum wage, effective January 1, 2008 in California is $8.00 per hour. There are some exceptions, such as for new learners, the mentally or physically disabled and some nonprofits.

Overtime

You may be eligible for overtime if you work:
- Over 40 hours in a week
- Over 8 hours in a day
- Or 7 days in a row

The rate for overtime is required to be one and one-half times the employee's regular rate of pay for all hours worked in excess of eight hours. For time in excess of 12 hours, the rate becomes double the employee's regular rate of pay.

Exempt Employees

An exempt employee is generally outside many of the protections of the Industrial Welfare Commission (IWC). Many people think all salary employees are exempt, but that is not always accurate. The determination can be complex, and involves a multi-part test created by the Industrial Welfare Commission in wage order 4-2001, applying to professional, technical, clerical, mechanical, and similar occupations.

The wage order provides a five-part test to determine whether the administrative employee exemption applies. The employee must:
- Perform office or non-manual work directly related to management policies or general business operations of the employer or its customers
- Customarily and regularly exercise discretion and independent judgment
- Perform under only general supervision work along specialized or technical lines requiring special training or execute under only general supervision special assignments and tasks
- Be engaged in the activities meeting the test for the exemption at least 50 percent of the time
- Earn twice the state's minimum wage

If you have questions whether your situation meets these requirements, speak with an attorney knowledgeable on wage and hour and employment law.

Vacations

Many employees may not know that employers are not required to provide paid holidays, vacation, sick days or PTO. Many employers do promise all or some of these benefits, and if they have, you may be able to require them to abide by their promise or practice. If you earn vacation pay, your employer must pay you all earned but unused vacation when you leave their employment.

Record Keeping

Employers must keep records for each nonexempt employee of daily hours worked and rate of pay. If your employer fails to maintain records and you have a dispute about hours worked, the Labor Commissioner will accept your own records as evidence.

In addition to California state labor laws, federal labor law also applies, and there may be an overlap of statues and regulations that cover your particular situation.

If you any questions concerning your payment of wages, vacations or classification as an exempt employee, you can file a claim with the California Department of Industrial Relations. Speaking with an experienced employment law attorney can help you determine if you have a claim and how best to obtain compensation for any violations.

Article provided by Hinkle, Jachimowicz, Pointer & Emanuel
Visit us at www.hjpmlaw.com