As an employer in California, you are required to pay your employees one and a half times their regular hourly rate for any hours worked beyond eight hours per day or 40 hours per week. This is applicable to all non-exempt employees, regardless of their job title or industry. An employee who works more than 12 hours in a single day is entitled to double their regular rate of pay for all hours worked beyond the 12-hour threshold.
In terms of meal breaks, you must provide a 30-minute unpaid meal break to any non-exempt employee who works six or more hours in a single day. The meal break must be provided no later than the end of the fifth hour of work, and the employee must be free to leave the workplace and engage in personal activities during this time. If an employee works for 10 or more hours in a single day, you must provide a second 30-minute unpaid meal break.
It is important to note that there are certain exemptions to these laws, including for certain categories of employees such as exempt employees, outside salespeople, certain types of computer professionals, and certain commissioned employees. Additionally, if providing a meal break would seriously disrupt business operations, you may be able to obtain an exemption from the state’s division of labor standards enforcement.
If you fail to provide your employees with their legally required overtime pay or meal breaks, you may be subject to penalties and fines. Employees who believe their rights have been violated may file a claim with the state labor commissioner or file a lawsuit against their employer. As an employer, it is recommended that you consult with an experienced employment law attorney to ensure that you are in compliance with all state and federal laws regarding overtime pay and meal breaks.
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