Higher than the federal minimum wage of $7.25 per hour, California’s current minimum wage is $8.00 per hour and it will increase to $9.00 per hour effective July 1, 2014, and to $10.00 per hour effective January 1, 2016. Unlike some other states, this wage is all-inclusive, meaning that service workers who work for tips are also required to be paid $8.00 per hour. All work performed, even if executed off the clock or volunteered, is subject to this pay. Throughout the state there are certain counties that have raised their minimum wage. For example, San Francisco’s recent wage increase has made it the highest minimum wage in the nation at $10.55 per hour.
When it comes to overtime and breaks for employees, California as created enormous penalties for employers who don’t abide by the regulations. Workers must be paid overtime, which is one and a half times their usual wage for every hour or fraction of an hour that they work over eight hours in a day or over 40 hours in one week. Double pay is enacted once an employee works more than 12 hours in the course of one day. Break periods are steadily enforced as well. Most workers are entitled to a paid ten-minute break every four hours, and an unpaid 30-minute meal break every five hours.
California does not require its employers to provide their workers with vacation hours, though most do. If an employer does supply vacation time, they have the ability to establish policies as to when those days may be used. Vacation hours are to be treated as “wages” under California laws, meaning that if an employee does not use those vacation hours they are entitled to get paid for them. The state does not allow a “use-it-or-lose-it” policy.
“Sick” hours are treated differently than vacation hours, and the terms of sick pay vary among different employers and individual scenarios. Similar to vacation pay, California does not require employers to supply their employees with sick pay. If an employer does so, half of such time off can usually be used to care for an ill family member. If an employee requires more time off than their sick pay allows, they can take an unpaid medical leave. In special scenarios, such as the adoption of a foster child or necessary bonding time with a newborn, workers may qualify for up to six weeks of partially paid time off.
If an employee provides ample notice (in California 72 hours is sufficient) before quitting a job, all unpaid wages must be provided to the worker when they leave. If fired or laid off, employees must be paid in full immediately at the time of their termination.
If in violation of any of the above regulations, employers are subject to harsh penalties. If you suspect that your employer has violated any California employment laws, you can file a claim at the local Division of Labor Standards Enforcement or file an action in court.
According to Harry Harrison, a San Diego employment law attorney at Harrison & Bodell, LLP, individuals employed in California have many rights and laws that protect them in the workplace and yet many people are unaware of these protections. If employees feel like they have been harassed, discriminated or wronged by an employer, it is in their best interest to do some research, learn about what rights they have, and possibly seek legal representation.
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