California Wage and Hours

Get Legal Help Today

 Secured with SHA-256 Encryption

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Full Bio →

Written by

UPDATED: Mar 11, 2015

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

By: C. Edward Langhammer, Jr. Member, Cotkin, Collins & Ginsburg

Employers must also consider procedures and checklists to stay in compliance with wage and hour laws (still the hottest class action ticket in town). Employers are well advised to study their posters and their Wage Orders, which deal with important matters including:

  • Minimum Wage (California is $6.75 per hour; federal is $5.15 per hour; note California minimum wage generally must be paid to California employees)
  • Exempt or Non-Exempt
  • White Collar Exemptions
  • Computer Professionals
  • Salespersons (Inside/Outside)
  • Meal Periods
  • Rest Periods
  • Time Sheets

In particular, employers must rigorously monitor and document non-exempt employees meal and rest (“break”) periods by keeping “time sheets” (manual or electronic) for such employees. Employers are liable to the employee for one hour’s pay for meal and rest periods that an employee misses (or claims to have missed where the employer has not documented the taking of such meal or rest period). The issues surrounding such periods are tangled, particular since the California Supreme Court has yet to rule on whether employer’s liability for “one hour of pay” is a “penalty” or a “wage” and there is a split among the various California Courts of Appeal. This is critical because if a “penalty” the maximum exposure for an employer is one-year statute of limitations. If a “wage” the maximum exposure for statute of limitations is either three or four years (if deemed to be an “unfair business practice” in violation of the Business and Professions Code).

Click here, for a top rated California employment law firm to evaluate your legal rights. No Cost. No Obligation.

(“Copyright ©2006, Cotkin, Collins & Ginsburg. Used with permission.)


Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption