Are Wage Hour Laws Uniform Across The Board?
It should be noted at the outset that the wage and hour laws which exist under California law are not the only ones which apply, or potentially could apply, to employment in California. For example in addition to California’s wage hour laws, there are also federal wage hour laws, and sometimes even local wage hour laws, such as wage hour laws of counties, cities, or municipalities. Additionally, it should be noted that wage hour law is not one-size-fits-all. There are certain rules which apply to certain industries but not others. Therefore, in order to be able to accurately and specifically apply the law to a particular set of facts, a case specific analysis should be conducted. That being said, however, California law generally provides as follows:
What are the Minimum Wage Requirements of California law?
The state of California has laws requiring employers to pay their employees a minimum wage. As of January 1, 2023, the minimum wage in California is $15.50 per hour. However, as noted above, some cities and counties have higher minimum wages than the state’s rate.
A willful violation of the law can result in a misdemeanor crime and expose the employer to civil penalties. Employees who are not paid the required minimum wage may also be able to pursue legal action against their employer. A wage and hour attorney in Los Angeles can help employees whose rights have been violated.
What are the Overtime Compensation Requirements of California law?
Employees who work more than 8 hours per day or 40 hours per week are also entitled to overtime pay under California law. The hourly rate for overtime pay is 1.5 times the employee’s regular rate of pay for all hours worked over 8 in a single day or 40 hours in a single week. If an employer fails to properly pay overtime wages, they can be liable for back wages plus interest and civil penalties. However, not every employee is entitled to overtime, and the entitlement and rate depend on several factors. A wage and hour attorney in Los Angeles can help employees understand if they are entitled to overtime pay.
What are the Meal Break Requirements of California law?
In California, an employer may not employ an employee for a work period of more than five hours per day without providing the employee with a meal period of not less than thirty minutes, except that if the total work period per day of the employee is no more than six hours, the meal period may be waived by mutual consent of both the employer and employee. A second meal period of not less than thirty minutes is required if an employee works more than ten hours per day, except that if the total hours worked is no more than 12 hours, the second meal period may be waived by mutual consent of the employer and employee only if the first meal period was not waived. For employees with questions in Southern California, a wage and hour attorney in Los Angeles can help.
What are the Rest Break Requirements of California law?
In California, the Industrial Welfare Commission Wage Orders require that employers must authorize and permit nonexempt employees to take a rest period that must, insofar as practicable, be taken in the middle of each work period. The rest period is based on the total hours worked daily and must be at the minimum rate of a net ten consecutive minutes for each four-hour work period, or major fraction thereof. The Division of Labor Standards Enforcement (DLSE) considers anything more than two hours to be a “major fraction” of four.” A rest period is not required for employees whose total daily work time is less than three and one-half hours. The rest period is counted as time worked and therefore, the employer must pay for such periods. Employees who have been denied their proper breaks can contact a wage and hour attorney in Los Angeles for a case evaluation.
When to Call a Wage and Hour Attorney in Los Angeles?
When an employee feels that their rights have been violated by their employer, the employee should consult a wage and hour attorney in Los Angeles at the earliest opportunity. Employees in Southern California rely on Akopyan Law Firm, A.P.C. for help. We focus and limit our practice almost exclusively on employment law, making us the firm of choice for clients in Orange, Riverside, San Bernardino, Glendale, Los Angeles, and Hollywood. Our many years of experience and our aggressive approach are respected by clients and productive in the courtroom. We are dedicated to fighting for the justice that each of our clients deserves. Contact the Akopyan Law Firm A.P.C. and speak with a wage and hour attorney in Los Angeles. We offer a complimentary consultation and often represent employees on a contingency fee basis so that employees can secure top notch representation without upfront fees. Call today and find out more.