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SpinDistribute.com Article Directory

The following article was published in our article directory on May 21, 2012.
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California Wage and Hour Laws

Article Category: Legal

Author Name: John F. Beaty

The government regulations on overtime, minimum wage, work hours rendered by a minor, commissions, vacations and breaks are all covered under the wage and hour employment law. The employers in the United States need to adhere to both the federal and the state laws on this focus. The federal laws can be supplemented by the various states by either making them stricter or more moderate. The Division of Labor Standards Enforcement supervises California labor laws in this state.

In terms of minimum wage, California is more generous as it gives $8 an hourly rate to employees when the minimum wage of the federal government is only $7.25 an hour as of 2011. The $8 an hour rate was already implemented by California in 2008. Those working as sheepherders get a separate minimum wage at $1,422.52 per month. Benefits such as food and accommodation are not included in the minimum wage. The tips received by waiters cannot be treated as credit. Those working below 18 years old are also entitled to receive minimum wage of the state.

According to California labor law, those rendering their services for more than 8 hours per day or 40 hours per week are entitled to receive overtime pay at 1.5 more than the usual hourly rate. There are employees who are exempted from the overtime law and they are taxi drivers, sheepherders, news editors, airline employees and projectionists in motion pictures.

The good news is there is not a law in California that bans or limits obligatory overtime. Those who do decline to work additional hours can be legally punished or fired from work. This is one of the employer's rights that is always exercised in California.

In terms of breaks, employees have the right to enjoy both meal periods and regular breaks in their shifts. A paid break must last for at least ten minutes every 4 hours. Those working for only 3 and half hours cannot utilize a break. Those working more than 5 hours daily are entitled to a meal period of half an hour. Those who work for 10 hours can get 2 meal periods. Those who wish to leave early cannot use their meal periods for work.

In terms of vacation hours, employers in California are not obligated to provide them, whether they are paid or not. This will depend on the policies of the company per se thus employees should go with them. Vacation hours that have been collected must be remunerated to the employees should they leave the job or get fired. Such hours can be rolled to the following fiscal year if unused.

California upholds the rights of employees to group themselves into an employees union and to negotiate with their employers. Union-busting has never been encouraged and it was only last month when talks about this have sprouted where teachers were accused of sexual harassment. Bills about this are now finding their way into California Legislature.

These wage and hour laws of California should be known by every employee in this state so as to ensure that his rights are protected.

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

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