Riverside Wage & Hour Claims, Overtime, Meal & Rest Lawyer
California has wage and hour laws that are designed to protect workers, which require employers to pay certain wages and to provide particular breaks. It is critical to understand that California law provides more protections than the Fair Labor Standards Act (FLSA) and other federal laws. While states must provide at least the minimum protections specified by federal law, states can have additional protections for workers. Our Riverside wage & hour lawyers can discuss your rights and responsibilities as an employee or an employer today.
Understanding Coverage for Wage and Hour Laws in Riverside, CA
Under California law, any worker who is not an independent contractor will be covered by California wage and hour laws unless the employee is exempt. To determine whether a worker is an employee or an independent contractor, California law provides a variety of factors for consideration, including the employer’s control over the employee, the type of occupation, the tools provided by the employer, the method of payment, whether the work contributes to the regular business of the employer, and whether an employer-employee relationship has been established. If you have questions about whether you should be classified as an employee or independent contractor, or if you are an employer with concerns about how to classify particular workers, you should seek advice from a Riverside employment lawyer.
Exempt employees are typically those who are executives, as well as administrative and professional employees. In some cases, other categories of employees also may be exempt.
Minimum Hourly Wage Requirements in Riverside, California
California law requires all non-exempt employees to be paid at least the California minimum wage, which is $13.00 per hour at businesses with 25 or fewer employees, and $14.00 per hour at businesses with 26 or more employees. By 2022, the minimum wage will increase to $15.00 per hour for all non-exempt employees.
Riverside Overtime Pay Requirements
In addition to paying at least the California minimum wage—which is significantly higher than the federal minimum wage—Riverside employees also must be paid overtime.
For any employees who work more than 8 hours in a single workday or more than 40 hours per week, overtime pay at “time and a half” must be paid. In addition to the “time and a half” overtime pay requirement, California law requires overtime pay to increase further when an employee works additional hours. If an employee works more than 12 hours in a single workday or more than 8 hours on the seventh day of the work week, the employee must be paid “double time” overtime pay.
California Law Requires Meal and Rest Breaks in Riverside
While federal law does not require rest breaks and certain meal periods, California law requires both. Under California law, employees must be provided with:
- Meal break (of 30 minutes or longer) if the employee works for more than five hours in a workday;
- Two meal breaks (of 30 minutes or longer) if the employee works for more than 10 hours in a day; and
- Rest period (of 10 minutes) for employees that work for at least four hours.
Under California law, an employer cannot require the employee to perform any work-related duties while on a break or rest period. Brief rest periods are compensable as work hours, but employers are not required to pay employees for bona fide meal breaks.
Contact a Riverside Wage and Hour Attorney
If you have any questions about your rights or responsibilities under California wage and hour laws, our Riverside wage and hour lawyers can help you. Contact the Law Office of Karen J. Sloat, APC today for assistance.