Wage and Hour Law | San Francisco | Sacramento | California
As an employee in Sacramento, San Francisco, or elsewhere in California, you are entitled to certain rights and wages under both federal law and California statutes. You are entitled to minimum wages as well as rest periods during your work shift; whether you are paid by salary or you are paid by the hour. There many specifics covered under wage and hour law.
Wage and hour lawyers at Kingsley & Kingsley, specializing in employment law, work to ensure that employees throughout the state of California are treated fairly by his or her employer, and that they are compensated by their employers for the wages and benefits they deserve to receive under the law.
Minimum Wage | Rest Breaks
Both the federal government and the state of California set a minimum wage that must be paid to employees and they can, and often are, different wage rates. Both the federal minimum wage and California minimum wage rates are increasing. California's minimum wage is higher than the federal minimum wage, in most cases. California's state minimum wage increased for employers on January 1, 2018 for employers.
- 2018 California: $11 per hour for businesses with 26 or more employees; $10.50 an hour for businesses with 25 or fewer employees
- 2019 California: $12 per hour for businesses with 26 or more employees; $11.00 per hour for businesses with 25 or fewer employees
- 2020 California: $13 an hour for businesses with 26 or more employees; $12.00 per hour for businesses with 25 or fewer employees
In California, note that the minimum wage rate may be higher in your locality; several localities have minimum wage rates that differ the state minimum wage rate.
Also, note that larger employers (26 or more employees) were required to pay higher minimum wages starting in 2017. The rate will gradually increase and reach $15 per hour by 2022. Smaller businesses (25 or fewer employees) were required to increase the minimum wage beginning on January 1st, 2018; small businesses will also gradually increase the minimum wage paid to employees until it reaches $15 per hour in 2023.
In addition to a higher minimum wage, California law mandates certain rest periods and meal breaks that are not required by the federal government.
As an employee, you are entitled to 10 minutes of rest for each four-hour or half shift work period. In addition, the rest period must be offered by your employer as close to the middle of your shift as possible. The rest period counts as time worked, and the employer must pay you as an employee for that time. Your employer must pay you one additional hour of work at your regular wage rate for each work day if your employer fails to provide you with a rest period in accordance with California law (not each rest period that you were denied).
Your employer is not allowed to make you clock out for a rest period provided by the law. However, employers can require that you stay on the premises since you as an employee are being paid for the rest periods. It is also important to note that the rest period begins when you reach the designated rest area adjacent to where you are working (this requirement does not apply when you walk away from your job site. An employer must provide suitable resting places that are separate from bathroom facilities.
Compensation | Additional Employment Tasks
Does your employer require you to do additional tasks? If so, you may be entitled to additional compensation as a result. One example is when your employer requires you to perform any tasks before you clock in or after you clock out. In both cases, you are entitled to compensation for your work, which includes changing into/out of your uniform, running work errands as requested, or picking up office supplies before or after you clock in/out.
With some exceptions, employees in California must be paid at least twice during each calendar month. Paydays must be designated in advance as regular paydays. Also, note that overtime wages must be paid no later than the payday for the next regular pay period following the period in which you earned the overtime compensation.
Are you being denied your rights by your employer that is not fully compensating you for the work you are performing? If so, call a qualified wage attorney in San Francisco or Sacramento at Kingsley & Kingsley. More than likely, we can help you recover wages or compensation for missed rest periods and related wage and hour issues.
Contact | California Wage and Hour Claims
Whether you are a cook, a computer technician, a receptionist or a housekeeper paid hourly or salary, a Kingsley & Kingsley wage attorney in San Francisco or Sacramento can help you collect unpaid wages. Contact us today.