California Fair Pay and Time-Off Laws

To paraphrase a line from a song, "Employees work hard for the money, so you better treat them right." But of course, employers should not just treat employees right because of a moral obligation to do so – there are laws that aptly impose and uphold the rights of workers. Aside from the Fair Labor Standards Act of 1938 or the Wages and Hours Bill, there are also state laws that govern fair pay and time-off for employees.

Here are important employment laws and employee rights for fair pay and time-off in California:

Minimum Wage

Although the Federal Minimum Wage is $7.25 per hour as of last July 24, 2009, the State of California has a minimum wage of $8.00 per hour. Because of the difference in the minimum wage imposed, the employer is bound to provide the wage that is the most beneficial to the employee. Thus, the Federal Minimum Wage must give way and the minimum wage of $8.00 per hour should be imposed on California employees.

Payment of Wages

Wages must be paid at least twice during each calendar month on the days designated in advance as regular paydays. Failure to pay wages in good funds on the regular designated payday is considered a misdemeanor in the state.

Overtime Pay

Employees who work over 40 hours per workweek should receive overtime pay for the extra hours worked at a rate not less than one and one-half times the regular rate of pay.

Holiday Pay

In California, hours worked during holidays, Saturdays, and Sundays are treated like hours worked on any other day of the week. There is no law that requires an employer provide its employees with paid holidays unless it is a policy or a practice at the company.

Vacation

Unless there is an established policy, practice, or agreement to provide paid vacation between the employer and his employees, the law does not require the employer provide its employees with either paid or unpaid vacation time.

Hours Worked

It is considered or counted as work hours when an employee is required to be on the employer’s premises, on duty, or at a prescribed workplace.

Meal Periods

In California, an employee who works for a period of more than five hours per day should be provided a meal period of not less than thirty minutes, although if the total work period of the employee is not more than six hours, the meal period may be waived.

Time-Off/ Rest Period

This depends on the total number of hours the employee works. A rest period is not required for employees whose total daily work time is less than three and one-half hours but a minimum break or rest period of ten minutes may be given for each four hour work period.

Take note however, that the above mentioned laws have certain limitations, such as in overtime, only covered non-exempt employees can be paid overtime pay. California’s wage and hours laws may also not apply to workers out of state.

In case of questions or complaints about fair pay and time off, consult with an expert employment attorney in your area. They will be able to enlighten you on what to do in case your employment rights are violated and assist you in case of litigation.