Understanding California Pay Laws: A Brief Guide for Employees

As a California employee, it is crucial that you understand your legal rights, whether you are paid a salary or on an hourly basis. Pay violations, which occur when an employer fails to pay an employee according to legal requirements, are unfortunately quite common in the Golden State. Understanding your legal rights is vital for ensuring you can stand up for yourself and claim what is rightfully yours. Below, we discuss California’s pay laws and how employees can hold their employers accountable for violating the law.

Legal Rights for Exempt and Non-Exempt Employees in California

In California, most employees are protected by labor laws. These laws ensure employees receive proper pay regardless of their work. However, your exact rights depend on whether you are considered an exempt or non-exempt employee.

Non-exempt Employees

Under California law, all non-exempt employees must be paid at least the minimum wage. The current minimum wage in California is $16 per hour. For food workers, the minimum wage is $20 per hour. If you are a non-exempt employee, your employer cannot pay you less than the minimum wage. However, some employees are exempted from the minimum wage law. They include outside salespeople and people who are the employer’s parent, spouse, or child. Minimum wage laws also ensure protections such as prohibiting employers from using tips as a credit towards meeting the minimum wage requirement and banning employees from legally agreeing to work for less than the minimum wage.

Non-exempt workers are entitled to additional protections, such as overtime pay and breaks. However, outside salespersons are not entitled to overtime pay. If you are a non-exempt worker, you must receive at least 1.5 times your usual hourly wage for any hour worked over eight in a day or 40 in a week. You are entitled to double-time pay if you work over twelve hours a day or eight hours on your seventh consecutive day of work in a week. Regarding breaks, non-exempt workers must be given a 30-minute unpaid meal break if their shift exceeds five hours and a 10-minute rest break after every four hours of work.

Exempt Employees

In California, exempt employees do not qualify for overtime pay regardless of how many hours they work in a workweek. Also, exempt employees are not entitled to the same break requirements as non-exempt employees. To be considered an exempt employee in California, you must perform work under the administrative, executive, or professional categories. You must also earn a salary of not less than twice the state minimum wage for full-time work. Currently, for an employee to be considered exempt, they must earn a minimum salary of $66,560/year. Some professionals, such as licensed physicians and computer professionals, have different minimum salary requirements. Currently, licensed physicians must earn at least $101.22/hour to be considered exempt, and computer professionals must earn at least $55.58/hour.

Holding an Employer Accountable for Violating Labor Laws

To hold an employer accountable for violating labor laws, take the following steps;

• Document the violations
• Speak with your employer or the HR department
• Consult a qualified employment lawyer
• File a claim with the appropriate labor authority

Contact a California Employment Lawyer

Contact a California employment lawyer if you have questions or believe your employer is not complying with labor laws.