Hourly employees are typically classified as non-exempt under California labor laws, which means they are entitled to certain labor protections, including minimum wage, overtime pay, and meal and rest breaks.
Unfortunately, many employers overlook the essential rights of workers throughout the state, and many are unsure when their violations occur. Identifying violations allows California employees to enforce their rights.
What are the Key Characteristics and Rights of Being an Hourly Employee in California?
Although not an exhaustive list, the following are essential rights associated with hourly employment in California.
- Hourly Wage
Hourly employees are paid a set rate for each hour worked. California has its state minimum wage, typically higher than the federal minimum wage, and certain counties and cities have minimum wage requirements. Employers must pay at least the state/county/city minimum wage by location for each hour worked, where applicable.
In California, hourly employees are generally entitled to overtime pay for hours worked beyond specific thresholds.
Overtime pay is typically 1.5 times the regular hourly rate for hours worked beyond eight hours in a workday, beyond 40 hours in a workweek, or for the first eight hours worked on the seventh consecutive day of work in a workweek.
For hours worked beyond 12 hours, hourly employees are entitled to double their regular hourly rate, often called “double time.”
- Meal and Rest Breaks
Hourly employees in California are entitled to a 30-minute unpaid meal break if they work more than five hours in a workday, and they must receive a 10-minute paid rest break for every four hours worked.
- Record keeping
Employers must maintain accurate records of hourly employees’ hours worked and wages earned. Hourly employees should keep track of their hours to ensure they are being paid correctly.
- Pay Statements
Employers must provide detailed pay stubs (itemized wage statements) that include information about hours worked, pay rates, deductions, and more with each paycheck.
- Rights to Reporting and Retaliation
Hourly employees have the right to report wage violations, seek unpaid wages, and are protected from retaliation by their employers for asserting their labor rights.
Contact Our Employment Law Attorney for Help Today
If you believe your hourly employee rights are being violated, or if you have been improperly classified as a non-exempt employee or independent contractor, contact Aryeh Leichter, the Leichter Law Firm, APC founder and employment law attorney in Los Angeles County today to discuss the legal remedies that may be available for your unique workplace circumstances today, starting with a free consultation by calling (818)-915-6624 or contacting the firm online.