As a lawyer, I am happy to provide legal advice regarding California's labor laws regarding minimum wage and overtime pay for employees.
The current minimum wage for non-exempt employees in California that employ 26 or more workers is $14.00 per hour. For employers with fewer than 26 workers, the minimum wage is $13.00 per hour. These rates will increase to $15.00 per hour effective January 1, 2022.
Employers are required to pay overtime to non-exempt employees who work more than eight hours in a workday or forty hours in a workweek. The overtime rate is one and a half times the employee's regular rate of pay. In California, the rate of overtime pay increases to double the employee's regular rate of pay if the employee works more than twelve hours in a workday or more than eight hours on the seventh consecutive day of work in a workweek.
There are exceptions to the minimum wage and overtime rules. For example, some employees may be exempt from these requirements if they are classified as a salaried employee under California law. Additionally, some industries, such as agriculture and domestic services, may be subject to different wage and hour requirements.
Employers who violate minimum wage and overtime laws may face penalties, including back pay, liquidated damages, and attorney's fees. Employees who believe they have not received the minimum wage or overtime pay they are entitled to may file a complaint with the California Labor Commissioner's Office or pursue a private lawsuit against their employer.
In conclusion, California's labor laws require employers to pay non-exempt employees the minimum wage and overtime pay when applicable. Employers must be knowledgeable about the applicable wage and hour rules and ensure their employees are receiving compensation as required by law. If you are an employer or employee with questions about compliance with these rules, the best course of action is to consult with a licensed attorney to determine the best path forward.
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