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What are the laws surrounding minimum wage and overtime pay in California?

Picture of Chris Battis By   ·  1 minute read

As a lawyer, I can provide you with information about minimum wage and overtime pay laws in California. Here is a summary of the relevant laws and regulations:

Minimum Wage:

  • The current minimum wage in California is $13.00 per hour for employers with 26 or more employees, and $12.00 per hour for employers with 25 or fewer employees.
  • The minimum wage will increase to $14.00 per hour for employers with 26 or more employees, and $13.00 per hour for employers with 25 or fewer employees, on January 1, 2021.
  • The minimum wage is set to increase by $1.00 per hour each year until it reaches $15.00 per hour for all employers.
  • Overtime pay is required for non-exempt employees who work more than 8 hours in a workday or more than 40 hours in a workweek.
  • Overtime pay is calculated at time and a half, which means employees are entitled to 1.5 times their regular rate of pay for all hours worked over 8 hours in a workday or 40 hours in a workweek.
  • The law in California does not provide for a minimum number of hours of work required to qualify for overtime pay. Rather, it all depends on the individual company and the employer’s classification.

Exceptions and Limitations:

  • There are certain exceptions to overtime pay requirements for some categories of employees, such as those who are exempt as executive, administrative or professional personnel. Additionally, those employed in the computer software industry may be exempt if they meet certain conditions.
  • Additionally, employers can create alternative workweeks for their employees as long as certain requirements are met, such as holding a non-overtime work schedule of no longer than 10 hours per day within a 40-hour workweek.

Recommendations:

If you are an employer, it is important to ensure that you are complying with minimum wage and overtime pay laws in California to avoid potential penalties and lawsuits. You should consult with a licensed attorney to ensure that your practices are in accordance with the law.

If you are an employee and believe that your employer is not complying with minimum wage or overtime requirements, you may wish to consult with a licensed attorney to discuss your legal options.