Overtime, Breaks and Wages

There are numerous rules about the payment of overtime, breaks, and wages. California employees must receive at least the state minimum wage, or a local minimum wage that can be higher than the state minimum but not lower. Terminated employees should receive their final pay at the time of their termination, and those who quit should receive theirs within three days. You’re also entitled to a certain number of rest breaks depending on how long you worked. If you have lost wages or been paid late due to any of these situations, please contact us for a free consultation to learn how much you’re owed in back wages and penalties.

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Overtime

Non-exempt hourly employees and entitled to time and half of their regular rate of pay for all hours worked over 8 in a day and double time for all hours worked over 12 in a day. Employees are also entitled to overtime pay for all hours worked over 40 in a week.

Meal and Rest breaks

Non-exempt employees are entitled to an uninterrupted, duty free, 30 minute lunch break if they work at least 5 hours. If the employee works more than 10 hours he/she is entitled to a second meal break of 30 minutes. If an employee works less than 6 hours the meal period can be waived by written agreement. An employee can also waive the second meal period provided that the first one was taken. An “on duty” meal period can also be agreed to between the employer and employee, but this agreement must be in writing and the employee can cancel it at any time.

Wage Statement Violations

California law requires that all employees receive a pay stub containing their complete gross wages, net wages, hourly rate, overtime rate, number of regular and overtime hours worked and only the last 4 digits of the employee’s social security number or employee I.D. number.