As you enter the workforce in California, or if you have been in the workforce for some time, you may be wondering what California wage and hour laws protect you as an employee. It is critical to understand your legal rights should your employer violate the California wage and hour laws.
If you believe your employer is violating or has violated wage and labor laws, an experienced employment lawyer at Blackstone Law can help determine the nature of the violation and whether you have a claim against them. We have a reputation for success, fighting for employees who have been wronged by employer injustice, and are determined to advocate on your behalf to ensure your rights are upheld.
What Are Wage and Hour Laws?
Wage and hour laws are the set standard for time worked and the compensation you are required to pay employees in exchange for labor. These laws include specific regulations such as minimum wage, tips, overtime, breaks, what qualifies as time worked, when you must be paid, what your employer is required to pay for, and other necessary guidelines.
The following are specific wage and hour laws set in California:
Minimum Wage in California
The set standard for minimum wage is dependent on the size of the company or employer you work for. In 2022, with employers with up to 25 employees, the set minimum wage is $14 an hour. For larger employers employing 26 or more employees, the set minimum wage is $15 an hour. Fortunately, by 2023, all employers will be required to pay employees $15 an hour, regardless of employer size.
The Fair Labor Standards Act authorizes employers to compensate tipped employees a lower minimum wage in some states. However, for tipped employees in California, that law does not apply, and employers must pay the full minimum wage for every hour worked.
Overtime Pay in California
Eligible employees in California may be able to receive overtime pay if they work more than eight hours in a workday or over 40 hours a week in a workweek. After working over a 12-hour workday, employers are required to pay double time. Additionally, if an employee works over seven straight days, they are required to receive time and a half pay for the first eight hours worked and double time for extra hours.
Lunch and Rest Break Guidelines
In a workday of more than six hours, an employee is entitled to an unpaid 30-minute meal break after five hours. If the workday is six hours or less, the meal break may be waived with employee consent. You may not work more than ten hours in a day without a 30-minute meal break, except if the workday is 12 hours.
You may also be entitled to a paid ten-minute break for every four hours worked. However, it is not required for employees whose total daily work time is less than three-and-a-half hours.
Your Legal Options if Your Employer Violates California’s Wage and Hour Laws
If your employer violates California’s wage and hour laws, you may be able to protect your legal rights by filing a lawsuit under the California Labor Code.
You may be eligible to recover compensation for the following:
- The unpaid amount of the minimum wage or overtime compensation
- Back pay and back wages
- Interest compensation
- Attorney’s fees and litigation cost
- One hour’s pay for each workday on which a required break was not provided
At Blackstone Law, our priority is fighting on your behalf if your rights have been violated by an employer due to failure to pay minimum wage, neglecting to pay overtime hours worked or failing to provide necessary breaks. We will evaluate the pertinent details of your claim and hold your employer accountable for unlawful employment practices.
Speak With an Experienced California Employment Law Attorney at Blackstone Law
At Blackstone Law, we have years of experience fighting for employees affected by unlawful employment practices and recovering the hard-earned compensation they deserve. As an award-winning trial attorney, Jonathan M. Genish understands what it takes to build a successful claim on your behalf. We have recovered upwards of million-dollar settlements and verdicts for employees affected by injustice, and we will aggressively and relentlessly advocate for you.
If you believe your employer unlawfully violated your wage and hour rights, schedule a consultation with our experienced California employment law attorneys today at (310) 956-4054, or fill out our contact form.