Although California has some of the proactive laws in the country, sometimes employers take advantage of their employees. An employee could be wondering, “What are my rights as an employee? Am I being treated fairly and being paid equally?” Labor laws protect employees from things such as employers only giving tips as wages, or not being given enough paid time off. Here’s where you can learn the basics of California labor law.
Payday Laws
California grants employees the ability to be paid at least twice a month. An employer may give another check, but only at their discretion. Days worked between the 1st and 15th day of every month must be paid out by the 26th of that month. Days worked after the 15th day must be paid out by the 10th of the next month. The employer may also follow a bi-weekly pay period. For example, an employee can be paid every two weeks even if the legal pay dates pass, as long as the employer regularly pays employees every two weeks. Employers must notify employees of how and when they will be paid, and they must follow that schedule. Late paychecks may be paid up to one week late and no later.
There are some exceptions to this law, however. Administrative, executive and professional employees may be paid once a month. These paychecks must include the entire month’s pay and must be paid out by the 26th of every month. Farmworkers must be paid every week.
What is the current minimum wage in California?
California has enacted a law to increase the minimum wage from $13.00 to $15 by 2023. Currently, for employers with less than 25 employees, the minimum wage is $12.00. For employers with over 25 employees, the minimum wage is $13.00. In 2021, the minimum wage will increase by a dollar. California is one of the few states that protects tipped employees from being underpaid. In many states, employers will often give employees wage off tips. California labor law protects against this, so that the employee may earn the minimum wage on top of keeping tips.
What qualifies as overtime in California?
In order to be eligible for overtime pay in California, one needs to meet a few requirements. An employee would receive 1.5x pay for every hour worked over 8 hours in a single day or 40 cumulative hours in a week. After working 12 hours in a day, that employee would be entitled to 2x their normal pay. If working 7 straight days, the 7th-day pay will be double the normal pay.
Are all employees entitled to lunch breaks?
Yes, most employees are eligible for lunch breaks. If you work less than 4 hours in a day, you will not receive a lunch break, but a short 10 minute break period. Employees working 6 hours are eligible for a 30-minute lunch break. An employee cannot work more than 10 hours the day without a second meal break. For every 4 hours worked, an employee is eligible for a 10 minute rest period. Both of these are unpaid unless otherwise stated by the employer.
How much time off am I eligible for?
California law protects employees from certain circumstances in which they must go off work. Family emergencies paid sick leave, paid family leave, breastfeeding breaks, or other emergencies. California labor law demands at least 3 days paid sick leave when an employee works for a company with over 50 people. They may also roll over the previous year unused paid sick days. An employee cannot gain more than 6 paid days off per year, however.
Contact Pride Legal
If you or a loved one has been involved in an Uber or Lyft accident, we invite you to contact us at Pride Legal for legal counseling or any further questions. To protect your rights, hire someone who understands them.
