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The following article was published in our article directory on May 18, 2012.
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The Wage and Hour Employment Law of California

Article Category: Legal

Author Name: John F. Beaty

Of all the states in the west coast, California is considered the forerunner of labor laws, particularly on wage and hour employment law. Companies that do not follow such labor laws will be penalized with bigger remunerations to their employees.

In terms of minimum wage, California is currently the highest provider at $8 an hour as of 2008. Sheepherders get a different minimum wage at $1422.52 monthly. Those who receive tips are allowed to do so and employers must not regard such tips as credit. This shall not be deducted in the minimum wage they receive. In other states, a waitress receives around $2 to $3 an hour and the tips she gets is seen as a credit that would ensure she gets the minimum wage every month.

There is an exception when it comes to minimum wage according to a California labor law. Those who are working in a job that they have no experience in are not permitted to receive minimum wage as they are considered "learners". There is also no age necessity for them. Employers can pay only 85% of the present minimum salary to learners for the initial 160 hours of work. After this period, the learners would then receive a wage increase to achieve full minimum wage status.

Those working in California are also entitled to overtime pay if their services are extended to more than 8 hours a day or 40 hours per week. Employers have to pay 1.5 times the usual rate for such workers. Those with a full salary must also be paid additional compensation if they exceed the legal working hours.

A worker who is eligible to work in professional fields that include computer education, executive or administrative jobs, may not be offered overtime pay. The employee must however ensure he meets every criterion the job requires of him so as to be exempted from this ruling.

It is an employers' right not to pay additional salary to those working in the computer programming industry as they are exempted from overtime. Those working as executives are also exempted from overtime and they should supervise and direct a certain department or the whole enterprise. Executives must supervise at least 2 other workers, have the power to directly hire and fire, and must be able to provide their own judgment on matters related to their work. Such workload must consume at least 50% of their time at work.

Those working in administrative jobs are tasked to support a business and such positions include legal services, tax accounting, human resource or other professions. Those who are licensed in fields such as accounting, engineering, medicine, law and other fields with advanced degrees are also exempted from overtime. Even entertainers and artists are also exempted from receiving overtime pay.

California also respects the rights of employees to form a union. The state has also been wary of union-busting activities done by certain companies.

Because of these employee-friendly California labor laws, it is no wonder why this sunny place is known to be a pro-labor state.

Keywords: california labor law, employers rights, wage and hour employment law, union busting

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