Wage and Hour Law

Wage and Hour Law in California: What You Need to Know

Understanding California’s wage and hour laws is essential for both employees and employers. At Nasseri Legal, we’re here to ensure that you understand your rights, comply with the law, and resolve disputes effectively. Whether you’re seeking fair pay or ensuring your business follows labor regulations, we provide the legal clarity and support you need.

Minimum Wage in California

California mandates one of the highest minimum wage rates in the U.S. The rate varies depending on the size of the employer and is regularly adjusted. Employers must stay current with state and local minimum wage ordinances to remain compliant.

Regular and Overtime Pay

Non-exempt employees are entitled to:

  • 1.5x pay for hours worked beyond 8 hours/day or 40 hours/week

  • 2x pay for hours over 12 in a single day or beyond 8 hours on the seventh consecutive day of work

Meal and Rest Breaks

  • Meal Breaks: A 30-minute unpaid meal break is required for every 5 hours worked. A second 30-minute break is needed for shifts longer than 10 hours.

  • Rest Breaks: Employees must receive a 10-minute paid rest break for every 4 hours worked or major fraction thereof.

Employers must schedule these breaks appropriately and ensure employees are not discouraged from taking them.

Alternative Workweek Schedules

  • Employers may adopt alternative schedules (e.g., four 10-hour days) without triggering daily overtime, but they must:

    • Provide written notice

    • Obtain approval via secret ballot

    • Follow specific rules outlined in California labor law

Independent Contractor Classification

  • California uses the ABC Test to determine if a worker is an independent contractor:

    A) Free from control and direction
    B) Performs work outside the hiring entity’s usual business
    C) Is independently established in their trade or profession

    Misclassification can lead to serious legal consequences for employers.

Employer Record-Keeping Requirements

  • Employers must maintain:

    • Time records

    • Pay stubs

    • Employment agreements

    These records must be kept for at least three years and be made available upon request.

Enforcement and Legal Remedies

  • Employees who suspect wage theft or labor violations can:

    • File a complaint with the California Division of Labor Standards Enforcement (DLSE)

    • Pursue a private lawsuit with legal representation

Let Nasseri Legal Help

  • We assist clients with:

    ✅ Wage and hour violations
    ✅ Independent contractor disputes
    ✅ Unpaid overtime claims
    ✅ Employer compliance strategies
    ✅ DLSE complaint support and litigation

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  • Employers may adopt alternative schedules (e.g., four 10-hour days) without triggering daily overtime, but they must:

    • Provide written notice

    • Obtain approval via secret ballot

    • Follow specific rules outlined in California labor law