California Labor and Employment Law
California labor law has a few provisions for the state's workforce that are not contained in the Fair Labor Standards Act (FLSA), a document governing Federal employment standards. In addition to the provisions legislated by the U.S. government, Long Beach, CA employees enjoy other protections and benefits by state law, including a higher minimum wage, stricter requirements for employers to pay overtime, and the right to be compensated for all vacation time. California Overtime Lawyers As in the FLSA, California overtime is paid at 1.5 times an employee's "straight" or regular hourly pay. For non-exempt salaried employees, straight pay can be calculated as the quotient of their yearly salary divided by 52 (weeks) divided by 40 (maximum legal workweek hours). California overtime is recognized as as any hours worked in excess of 40 during a standard workweek (7 consecutive, 24-hour periods). Unlike the FLSA, California also recognizes any hours worked in excess of eight (8) in a workday as overtime. California employees may not waive their overtime rights, even in an agreement with their employer for other compensation. Additionally, employers may not sidestep California overtime law by averaging more than one workweek to equal 40 hours or less or averaging more than one day to equal eight hours or less; each unit of time stands on its own and is eligible for overtime pay regardless of other hours worked. California Vacation Pay No California Law Rules entitles employees to vacation time. However, vacation time that is promised in an agreement between employee and employer is enforced by law. Some more facts about vacation pay in California: - There is no "use it or lose it" vacation policy in California. All unused vacation time must be rolled over into the next year or paid as hours worked. Upon an employee's termination or resignation from a job, all accrued and earned vacation time is to be paid in his or her next paycheck. - Vacation time is steadily earned throughout the course of employment. In other words, 12 days of promised vacation time a year is 1 day per month; the year does not need to be completed in order to entitle the employee to this time. In this example, a worker leaving a position after 5 months of employment is entitled to 5 days of vacation pay in his or her last paycheck, provided they are unused days. See below for an exception.
- An employer may require an introductory period before an employee receives benefits. If said employee were to leave the position before the completion of this introductory period, no vacation time would be owed him or her. California Minimum Wage Though the Federal minimum wage is currently $7.25 an hour, non-exempt employees under California law are entitled to $8.00 an hour minimum pay. This includes minors and tipped employees, regardless of how much or how little they earn in tips. No agreement between a covered employee and an employer can nullify the employer's obligation to provide California's minimum wage. For employees that feel they may not have been compensated for wages they have earned, IQOvertime.com has even more information on CA labor law and California wage and hour lawyers who can help them claim back wages as far back as three years.