California Fair Labor Laws
- California Fair Labor Laws are administered by the California Department of Industrial Relationsblue binder image by timur1970 from Fotolia.com
The Division of Labor Standards Enforcement of the California Department of Industrial Relations monitors and enforces California Fair Labor laws. The Division adjudicates wage claims, investigates public works and discrimination complaints and enforces the California Labor Code statutes and orders of the Industrial Welfare Commission of California. The Division enforces the policies and laws set by the California legislature. - According to California’s Minimum Wage Order, employers in California must pay their employees the California minimum wage of $8.00 per hour. Employees cannot agree to work for less than minimum wage. Minimum wage laws of California apply to adult and minor employees. An employer may not counts tips as part of the employee’s wage. Employees who have not received minimum wage may file a complaint with the Labor Commissioner’s Office of the Division of Labor Standards Enforcement of California’s Department of Industrial Relations. An employee must file a wage claim based on an oral agreement within two years of the agreement, and file a wage claim based on a written agreement within four years of the agreement. Employees may file claims with the California Department of Industrial Relations.
Department of Industrial Relations (DIR)
Office of the Director
455 Golden Gate Avenue
San Francisco CA 94102
dir.ca.gov - Employers must provide employees with one half-hour meal period for each five hours of work, unless the work period does not exceed six hours and both the employee and employer agree to forgo the meal period. If the employer obligates the employee to remain on the premises during the meal, the employer must include the mealtime as part of the employee’s work schedule.
- Other than employees who have an “exemption” status as defined by the Department of Industrial Relations, all employees must receive overtime pay for overtime work. Employers must calculate overtime pay at one and a half times the rate of the employee’s pay for up to four hours above the employee’s regular eight hour work schedule, and at two times the rate of the employee’s pay for any overtime above twelve hours of work. An employer may require the employee to work overtime.
- An employer in California does not need to pay overtime or any special premium to an employee when the employee works on Saturdays, Sundays or holidays.
- If an employer requires an employee to take a medical exam, supply photos, post a bond, buy a uniform or lay out any expenses for employment, the employer must cover the expenses and may not deduct the cost from the employee’s wages. The employer may only deduct amounts, to cover benefit plans or insurance premiums, from an employee’s wages when empowered or required to do so by federal or state law or when the deduction has been authorized by the employee or the employee’s representative, such as a union as part of a collective bargaining agreement.