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Labor Laws Overtime

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The U.S. Department of Labor has established certain employment and labor law standards for the country. However, all the states have made unique laws supplementing federal laws comprising of labor laws and overtime pay laws, which are above and beyond the Federal labor standards for workers. Therefore as compared to other states, California labor laws differ from the Federal standards and provide workers with expanded employment rights in the following areas: minimum wage, overtime pay, and vacation pay.

The minimum wage in California is higher than the minimum set by the Fair Labor Standards Act (FLSA). The U.S. Government requires that employers pay non-exempt employees $7.25 an hour, but CA and other overtime exempt employees' minimum wage is $8.00 an hour.

Moreover there are some other differences between California labor law and Federal labor laws:

  • There is no distinction between adults and minors concerning minimum wage
  • Employers may not count employees' tips toward their obligation to provide minimum wage

Employees who have not been paid according to their State's minimum wage are often entitled to back wages. A labor lawyer and hour attorney can help  review those claims and guide through this process.

No agreement can be made between a California employee and his or her employer for that employee to work for less than the minimum wage. California wage and hour law details exemptions to the minimum wage for certain types of workers.

Overtime laws for non-exempt employees.  Non-exempt employees are due overtime in the following cases:

  • Working over 40 hours in one (7-day, 168-hour) workweek
  • Working over eight hours in one workday

Legal advice is always required to identify the important factors of what, how and when and to understand employment law. Employment lawyers, experienced legal practitioners, practice specifically in the areas of employment law. In respect to employment cases, their services are required or can be availed depending upon the situation varying from dispute resolution to legal representation. In certain scenarios where employees feel they have been unfairly dismissed, it is important to access the correct information pertaining to the legal rights and the correct procedures that need to be taken to raise individual concerns. Employment lawyers can guide to find the best possible solutions lawfully for an unlawful or unjustified act towards an employee.

As it is, it's not easy to find employment and earn money in this economic climate. It can then be a difficult and life- changing experience for an individual if he or she suddenly gets fired from their position. It is not a pleasant experience for all those involved, and in order to protect yourself from employment uncertainties one should be well aware of the various aspects of labor employment law.