Most employees in California do have a right to take specific breaks. For instance, for every four hours that someone works, they should get a rest break for 10 minutes. If they have to work more than five hours, then they should also be given a meal break. This can last for 30 minutes. Workers who have to put in more than 12 hours in a single day should get a second meal break, which is another 30 minutes. In some occupations, this is very easy to do. An office worker can simply take a break from whatever they are doing on the computer, eat their lunch and then return to their desk. They coul ..read more

Many wage claims in California relate not to violations of minimum wage laws but rather overtime pay statutes. California has more assertive employee protections than many other states. The minimum wage per hour is higher, and there are more scenarios in which employees should receive overtime wages. Especially when companies operate in other states in addition to California, employers could improperly apply federal rules when California state law should instead determine a worker’s wages. For example, sometimes workers paid on a salary basis are exempt from overtime pay. Other times, they are ..read more

Remote work is gaining traction as more companies embrace flexible arrangements to accommodate diverse employee needs and tap into a global talent pool. In California, remote workers are subject to the same labor laws as traditional in-office employees. California is renowned for strict enforcement of labor laws, particularly regarding wage and hour regulations. If you are a remote worker in California, you should understand the following about the state’s wage and hour laws. Overtime pay As a remote worker in California, you are entitled to overtime pay if you work more than eight hours in a ..read more

Both full-time and part-time workers are fundamental to most companies in California. Part-time workers carry out key duties in the same way that full-time workers do. Unfortunately, there are some misconceptions that part-time workers have fewer rights than full-time workers. This simply isn’t true. Part-time workers have a host of protections under the law. Here are two common myths about part-time workers in California. Part-time workers don’t have to be paid minimum wage The entitlement to the minimum wage in California applies to both full-time and part-time employees. Some companies beli ..read more

While many people have a five-day workweek, there are a significant number of employees who just work a few times every week. For example, a college student may have a part-time job that fits around their class schedule. They just work two days a week and take classes on the other days. For employees in this situation, they may assume that they can never get overtime pay because they won’t break 40 hours per week. In many states, overtime is only paid once an employee crosses this threshold. But is that true in California? Overtime after eight hours No, that’s not how it works in California, a ..read more

Employers should observe the state minimum wage. In California, this is $16.00 per hour for all employees as of January 1, 2024. Some cities in the state have higher minimum wages. However, there are exceptions to the minimum wage law.  They include; Certain occupations and employer’s family members Outside salespersons, apprentices who are regularly indentured under the State Division of Apprenticeship Standards and individuals who are the employer’s parent, spouse and child are exempt from the minimum wage law in California.  Learners Regardless of age, learners can be paid not les ..read more

California employers often rely on their contracts with workers to protect them from misconduct and negative publicity. The inclusion of non-disclosure agreements or non-disparagement clauses in employment contracts or severance agreements is somewhat common. Such contract inclusions help prevent scenarios in which current or former employees cause significant damage to a business’s reputation or publicly share trade secrets that give the organization a competitive edge. The right contract inclusions can mitigate some of the risk inherent in hiring new staff members. Many businesses choose to ..read more

The Cheesecake Factory, as well as Magic Touch Commercial Cleaning and Allied National Services, the two companies that provided janitorial services for the Cheesecake Factory, have finally settled a wage theft case in California that involved failure to pay some 589 janitors working in their San Diego and Orange County restaurants for overtime and not allowing them meal or rest breaks. The claim, which was filed back in 2018 by the California Labor Commissioner’s Office, alleged that janitors on the overnight shifts were required to work extra hours every shift and accumulated as much as 10 h ..read more

Navigating the process of filing an Equal Pay Act (EPA) claim can be a complex undertaking, but with the right frame of reference, you can better ensure that your rights are protected. Before filing a claim, affected employees should have sufficient evidence of wage disparities. Therefore, you should document instances of unequal pay, noting job responsibilities, qualifications and any relevant conversations or communications. What is the Equal Pay Act? The Equal Pay Act is legislation designed to eliminate gender, race or ethnicity based wage disparities. In California, it mandates employers ..read more

California has robust legal protections in place to protect workers from wage and hour violations – but they’re not unlimited. If you want to file a claim about unfair wages, you have to act within the statute of limitations. That’s the timeframe within which any legal action must be initiated.  What are the time limits employees need to remember? The specific time limit can vary depending on the nature of your claim. In general, here are the basics you should know: Minimum wage violations, unpaid overtime, illegal deductions and unpaid reimbursements: The statute of limitations is typica ..read more