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.

Overtime

California requires an employer to pay overtime to employees, unless otherwise exempt, at the rate of:

• one and a half (1½) times the employee’s regular rate of pay for all hours worked in excess of forty (40) hours in a workweek or eight (8) hours up to and including 12 hours in any workday, and for the first eight (8) hours worked on the 7th consecutive day of work in a workweek; and
• two (2) times the employee’s regular rate or pay for all hours worked in excess of twelve (12) hours in any workday and for all hours worked in excess of eight on the 7th consecutive day of work in a workweek.

CA Dept. of Industrial Relations: Overtime.

Meals and Breaks

California employees must be provided with a meal period of no less than a 30-minute when they work more than five (5) consecutive hours (more than six (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 four (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 three and one half (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 Leave

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.

Holiday Leave

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 1½ 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.

Jury Duty Leave

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

Voting Leave

California law requires employees to provide employees sufficient time off to vote. The time off must be either before the employees’ shifts begin or after their shifts end, unless otherwise agreed to by the employer and employee. The employer is only required to pay employees for up to two (2) hours of time off to vote. Employee must give their employer at least three days notice of their intention to take voting leave if they know or have reason to know the leave will be necessary. CA Election Code 14000

At least ten (10) days prior to date of the election, an employer shall post notice conspicuously so workers can see the law pertaining to their voting rights. CA Election Code 14001

Severance Pay

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.