Is the minimum wage different in California for tipped employees?Although the FLSA and the laws of some states allow employers to pay tipped employees a lower minimum wage, California law does not. In California, tipped employees are entitled to the full minimum wage for every hour worked.
Am I entitled to a lunch or rest break in California?
Yes. Employees in California are entitled to a meal break of 30 minutes, unpaid, after five hours, except when the workday will be completed in six hours or less and the employer and employee consent to waive the meal break. The employee cannot work more than ten hours a day without a second 30-minute break, except if the workday is no more than 12 hours. The second meal break may be waived if the first meal break was not waived. An on-duty paid meal period is permitted when the nature of work prevents relief from all duties and the parties agree in writing. Employees are also entitled to a paid ten-minute rest period for each four hours worked or major fraction thereof, as practicable, in the middle of the work period. This is not required for California employees whose total daily work time is less than three-and-a-half hours.
Am I entitled to overtime pay?
In California, eligible employees must receive overtime if they work more than eight hours in a day or 40 hours in a week. After working 12 hours in a day, California employees must receive double time. If an employee works on a seventh day, that employee is entitled to time and a half for the first eight hours of work and double time for additional hours. Not every type of job is eligible for overtime.
My Employer says I am "exempt." What does that mean?
Exempt employees are those that meet certain criteria that are not entitled to overtime pay. Some of the most significant lawsuits have been the result of an employer's misclassification of employees as nonexempt employees as though they were exempt from California overtime.
Job titles alone do not determine if a California employee is exempt or nonexempt. An employee with an impressive job title may not qualify as an exempt employee if his/her actual duties do not meet the requirements for one of the exemptions. To determine whether the California employee is primarily engaged in exempt work, the court will examine the work performed by the employee during the workweek. Also, exempt employees generally must earn a minimum monthly salary of no less than two times the state minimum wage for full-time employment. Paying an employee a salary does not make them exempt, nor does it change any requirements for compliance with wage and hour laws. Most California employees who are classified as exempt customarily and regularly exercise discretion and independent judgment in their jobs.
If you believe that your employer is not following the rules for California's Wage and Hour Laws, contact our office for a FREE case evaluation.