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Disclaimer
This site is not intended to constitute legal advice and should not be relied upon as such. Additionally, no
attorney-client relationship has been created by your visiting and reading this site. Please consult a legal
professional before taking any action you believe may result in liability or litigation. Nothing on this site
creates an express or implied contract. While efforts are made to present only accurate and current
information, laws can and do change and interpretations vary among jurisdictions, so all information is
presented on an “as-is” basis. This site is for informational purposes only.
This site is not intended to constitute legal advice and should not be relied upon as such. Additionally, no
attorney-client relationship has been created by your visiting and reading this site. Please consult a legal
professional before taking any action you believe may result in liability or litigation. Nothing on this site
creates an express or implied contract. While efforts are made to present only accurate and current
information, laws can and do change and interpretations vary among jurisdictions, so all information is
presented on an “as-is” basis. This site is for informational purposes only.
Meals and Break
California employees must be provided with a meal period of no less than a 30-minute
when they work more than 5 consecutive hours (more than 6 hours for employees in the
motion picture industry in specific situations). CA Dept. of Industrial Relations: Meal
Periods. Unless the employee is relieved of all duties during the entire 30-minute meal
period and is free to leave the employer's premises, the meal period must be counted as
hours worked and paid at the employee's regular rate of pay. California law only permits
employers to provide an "on duty" meal period when the nature of the work prevents the
employee from being relieved of all duty and when by written agreement between the
employer and employee an on-the-job meal
period is agreed to. CA Labor Code Section 512
Certain non-exempt employees must be provided with a net 10-minute paid rest period for
every 4 hours worked or major fraction thereof. Insofar as is practicable, the rest period
should be in the middle of the work period. A rest period is not required for employees
whose total daily work time is less than 3 1/2 hours. The rest period is counted as time
worked and therefore, the employer must pay for such periods. CA Dept. of Industrial
Relations: Rest Periods.
California employees must be provided with a meal period of no less than a 30-minute
when they work more than 5 consecutive hours (more than 6 hours for employees in the
motion picture industry in specific situations). CA Dept. of Industrial Relations: Meal
Periods. Unless the employee is relieved of all duties during the entire 30-minute meal
period and is free to leave the employer's premises, the meal period must be counted as
hours worked and paid at the employee's regular rate of pay. California law only permits
employers to provide an "on duty" meal period when the nature of the work prevents the
employee from being relieved of all duty and when by written agreement between the
employer and employee an on-the-job meal
period is agreed to. CA Labor Code Section 512
Certain non-exempt employees must be provided with a net 10-minute paid rest period for
every 4 hours worked or major fraction thereof. Insofar as is practicable, the rest period
should be in the middle of the work period. A rest period is not required for employees
whose total daily work time is less than 3 1/2 hours. The rest period is counted as time
worked and therefore, the employer must pay for such periods. CA Dept. of Industrial
Relations: Rest Periods.
Vacation
In California, employers are not required to provide employees with vacation benefits, either
paid or unpaid. CA Dept. of Industrial Relations Benefits FAQ. If an employer chooses to
provide such benefits, it must comply with the terms of its established policy or
employment contract.
If an employer chooses to have an established policy, practice, or agreement to provide
paid vacation, certain restrictions are placed on it regarding how it fulfills its obligation to
provide vacation pay. Employers must pay employees for all accrued or earned vacation
upon separation from employment, regardless of the reason for the separation. CA Dept. of
Industrial Relations Vacation FAQ.
An employer can place a reasonable cap on vacation leave preventing an employee from
accruing or earning vacation over a certain number of hours. CA Dept. of Industrial
Relations Vacation FAQ.
When an employment relationship ends, all vacation earned but not yet taken by the
employee must be paid at the time of termination. Cal. Labor Code §227.3.
It is illegal in California for an employer to implement a “use-it-or-lose-it” policy requiring
employees to use accrued vacation prior a set date or lose it. CA Dept. of Industrial
Relations Vacation FAQ.
In California, employers are not required to provide employees with vacation benefits, either
paid or unpaid. CA Dept. of Industrial Relations Benefits FAQ. If an employer chooses to
provide such benefits, it must comply with the terms of its established policy or
employment contract.
If an employer chooses to have an established policy, practice, or agreement to provide
paid vacation, certain restrictions are placed on it regarding how it fulfills its obligation to
provide vacation pay. Employers must pay employees for all accrued or earned vacation
upon separation from employment, regardless of the reason for the separation. CA Dept. of
Industrial Relations Vacation FAQ.
An employer can place a reasonable cap on vacation leave preventing an employee from
accruing or earning vacation over a certain number of hours. CA Dept. of Industrial
Relations Vacation FAQ.
When an employment relationship ends, all vacation earned but not yet taken by the
employee must be paid at the time of termination. Cal. Labor Code §227.3.
It is illegal in California for an employer to implement a “use-it-or-lose-it” policy requiring
employees to use accrued vacation prior a set date or lose it. CA Dept. of Industrial
Relations Vacation FAQ.
Sick Leave
California law does not require employers to provide employees with sick leave benefits,
however, employees may qualify for payment for sick leave through California's State
Disability Insurance program or its Paid Family Leave program. An employer in California
may be required to provide an employee unpaid sick leave in accordance with the
California Family Rights Act, Family and Medical Leave Act, or other federal laws.
California law does not require employers to provide employees with sick leave benefits,
however, employees may qualify for payment for sick leave through California's State
Disability Insurance program or its Paid Family Leave program. An employer in California
may be required to provide an employee unpaid sick leave in accordance with the
California Family Rights Act, Family and Medical Leave Act, or other federal laws.
Severance
California law does not require employers to provide employees with severance pay. If an
employer chooses to provide severance benefits, it must comply with the terms of its
established policy or employment contract.
California law does not require employers to provide employees with severance pay. If an
employer chooses to provide severance benefits, it must comply with the terms of its
established policy or employment contract.
Holidays
California law does not require employers to provide employees with either paid or unpaid
holiday leave. CA Dept. of Industrial Relations: Holidays. In California, an employer can
require an employee to work holidays. An employer does not have to pay an employee
premium pay, such as 1 1/2 times the regular rate, for working on holidays, unless such
time worked qualifies the employee for overtime. If an employer chooses to provide either
paid or unpaid holiday leave, it must comply with the terms of its established policy or
employment contract.
California law does not require employers to provide employees with either paid or unpaid
holiday leave. CA Dept. of Industrial Relations: Holidays. In California, an employer can
require an employee to work holidays. An employer does not have to pay an employee
premium pay, such as 1 1/2 times the regular rate, for working on holidays, unless such
time worked qualifies the employee for overtime. If an employer chooses to provide either
paid or unpaid holiday leave, it must comply with the terms of its established policy or
employment contract.
Minimum Wage
California's current minimum wage rate is $8.00. CA Dept. of Industrial Relations:
Minimum Wage. Some exceptions apply.
California employers must also comply with federal minimum wage laws, which currently
sets the federal minimum wage at $7.25. See FLSA: Minimum Wage.
If an employer chooses to pay employees minimum wage, the employer must pay those
employees in accordance with the minimum wage law, either federal or state, that results
in the employees being paid the higher wage. In most instance in California, the state
minimum wage law will apply as it generally guarantees a higher wage rate for employees
than federal law.
California's current minimum wage rate is $8.00. CA Dept. of Industrial Relations:
Minimum Wage. Some exceptions apply.
California employers must also comply with federal minimum wage laws, which currently
sets the federal minimum wage at $7.25. See FLSA: Minimum Wage.
If an employer chooses to pay employees minimum wage, the employer must pay those
employees in accordance with the minimum wage law, either federal or state, that results
in the employees being paid the higher wage. In most instance in California, the state
minimum wage law will apply as it generally guarantees a higher wage rate for employees
than federal law.
Overtime
California requires an employer to pay overtime to employees, unless otherwise exempt,
at the rate of:
California requires an employer to pay overtime to employees, unless otherwise exempt,
at the rate of:
- 1 1/2 times the employee's regular rate of pay for all hours worked in excess of 40
hours in a workweek or 8 hours up to and including 12 hours in any workday, and
for the first 8 hours worked on the 7th consecutive day of work in a workweek; and - 2 times the employee's regular rate or pay for all hours worked in excess of 12
hours in any workday and for all hours worked in excess of eight on the seventh
consecutive day of work in a workweek.
| EmploymentLawHandbook.com |
| Your Employment and Labor Law Resource |
| E |
| H |
| L |
| Wage and Hour Laws for Private Sector Employers |
If you do not find the answer to your question through these summaries or
related links, feel free to contact us with your question. We'll do our best to help
you find the answer you are looking for.
related links, feel free to contact us with your question. We'll do our best to help
you find the answer you are looking for.
TOPICS COVERED (Scroll down for detailed information):
- Minimum Wage
- Overtime
- Meals and Breaks
- Vacation Leave
- Sick Leave
- Severance Pay
- Holiday Leave
- Jury Duty
RELATED TOPICS:
Jury Duty
An employer is not required to pay an employee any wages for time spent complying with a
jury summons or serving on a jury.
An employer may not discharge or otherwise penalize an employee for taking time off to
serve as on a jury or trial jury, if the employee, prior to taking the time off, gives reasonable
notice to the employer of he or she is required to serve.
An employee may use vacation, personal or compensatory leave, if available, for time taken
responding to a jury summons or serving of a jury.
California Labor Code 230
An employer is not required to pay an employee any wages for time spent complying with a
jury summons or serving on a jury.
An employer may not discharge or otherwise penalize an employee for taking time off to
serve as on a jury or trial jury, if the employee, prior to taking the time off, gives reasonable
notice to the employer of he or she is required to serve.
An employee may use vacation, personal or compensatory leave, if available, for time taken
responding to a jury summons or serving of a jury.
California Labor Code 230
