There are strict and specific laws in California that employers must follow regarding the wages and break allowance for workers. If an employer fails to follow these rules or doesn’t understand them, potentially extreme consequences can follow for the employer. Below, you will find the basic state laws for overtime wages and required work breaks in California, as well as information on what could happen if employers don’t adhere to these laws.
What Is Overtime?
When an employee works more than the traditional eight-hour workday or 40-hour workweek, they are entitled to overtime pay, which must equal one-and-a-half times their regular rate of pay for the hours that exceed eight in one day (up to and including 12 hours) or 40 in one week or for the first eight hours of work on the seventh day of consecutive workdays.
Employers should pay the employee their regular pay for the first eight hours of a workday or first 40 hours of a workweek and the overtime rate for the hours that exceed regular workday and regular workweek limits. Additionally, if an employee works more than 12 hours in one 24-hour period or more than eight hours on the seventh workday in a row, overtime pay must equal double the employee’s regular wages for those hours worked over those amounts.
Who Qualifies for Overtime in California?
Employees in California must pay overtime wage rates to all employees who are at least 18 years old, as well as 16-year-olds and 17-year-olds who are not legally required to attend school and are legally allowed to work. Even workers who are not authorized to work overtime hours must still be paid overtime wages for overtime hours worked. However, employers have the right to discipline workers for unauthorized policy violations and working those overtime hours, but the state holds the employer responsible for keeping accurate accounts of when their employees work.
California Worker Rest Break Requirements
Regarding rest breaks at work, employers in California must adhere to the Industrial Welfare Commission Wage Orders, which state time must be allocated for nonexempt workers for breaks that meet the minimum requirements. Break times are based on the amount of time the employee works in one workday. For instance, for every four hours an employee is at work, their employer must allow them to have 10 minutes of rest. Employers do not have to pay workers for rest breaks for work shifts that are 3.5 hours long or shorter.
For most employees, employers may allocate time for breaks in the middle of a shift to facilitate productivity when feasible. Employers must allow workers to make up missed rest periods in the same workday or compensate the employee on the same paycheck.
Sometimes, work is physically strenuous in nature, such as dancers, athletes, and other performers, and a workday includes rehearsal and performing hours. Workers in certain fields are entitled to additional rest time. Also, employees of overnight commercial passenger fishing boats must be given a minimum of eight hours of off-duty time for a 24-hour period in addition to required meal and rest breaks. It is the responsibility of the employer to ensure breaks are made available, taken by employees, or compensated instead.
Consequences for Employers for Overtime and Wage Violations
If an employee files a claim against their employer for failing to provide a rest break via filing an IWC Order, the employer will have to pay an additional hour’s pay for every day they failed to give the employee a break. Therefore, it is recommended that employers take meticulous records of employee breaks and require all employees to log their breaks so there is always a record to show employers their workers are taking their breaks in the event evidence is needed to refute a claim.
It is understandable how quickly missed breaks can add up over time, and if there are multiple employees filing claims, it can get unsightly very quickly. If you are an employer who is in a situation with missed employee breaks or overtime wage violations, you should speak with an employer’s law attorney who can advise you and represent you if you have allegations from employees brought up against you.
FAQs
Q: Does California Have Overtime After 8 Hours or 40 Hours?
A: California calculates overtime on both a daily and weekly basis. Therefore, any time worked in one workday over eight hours is considered overtime, and any time worked over 40 hours in one week is considered overtime. Overtime must be compensated at the rate of 1.5 times the hourly wage.
Q: What Are the Overtime Rules in California?
A: Payment for overtime is required by law on any work hours over eight hours, including 12-hour workdays and for the seventh eight-hour workday in a row. Payment of one and a half times the regular hourly wage must be paid on all overtime hours in California.
Q: Are 15 Minute Breaks Required by Law in California?
A: In California, state law requires employers to allow employees to take breaks according to how long they have been at work. For instance, any employee who is scheduled for five hours must be allowed to take an unpaid 30-minute meal break. Ten-minute rest breaks are required for shifts over 3.5 hours and a second after working six hours.
Q: How Many Breaks Do You Get for an 8-Hour Shift in California?
A: In an eight-hour shift, California employees should be given a 30-minute meal break, which is unpaid, as well as two paid 10-minute rest breaks. This equates to a total of three breaks: one 30-minute break for eating and a total of 20 minutes for rest breaks. Thus, there are three required breaks in one California workday.
If you’re an employer looking for legal advice on required employee breaks or overtime wages regarding your employees, whether there is a claim filed against you or not, contact Fishman, Larsen & Callister. Our law firm practices law exclusively catered toward employers. We can help you understand California employment laws, argue claims filed against you, or help you make sure you are in compliance with all state requirements for employers to avoid any issues in the future. The Fishman, Larsen & Callister legal team is knowledgeable and well-practiced in representing employers in California. See how we could potentially improve your case or knowledge of employment law by getting in touch with us today.