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FAQ: Employee Wage & Hour Rights in California

Employees in California are protected by a variety of wage and hour laws. Whether you are an hourly employee or a salaried employee, it is vital to understand your rights and expectations from your employer. This FAQ will answer some of the most common questions asked about wage and hour laws in California. If you have any additional questions, please do not hesitate to contact our Sacramento employment law team at Law Office of Jeffrey D. Fulton.

Q: What is the minimum wage in California?

Due to Senate Bill (SB) 3, the current minimum wage in California is $15 per hour for businesses with 25 or more employees and $14 per hour for companies with 25 or fewer employees. This will increase to $15.50 per hour by 2023 for all businesses.

Q: How many days in a row can I work?

You can work up to 12 days consecutively without a day off in California.

Q: Can My Employer Change My Schedule Last-Minute in California?

Yes. Your employer can change your schedule with little to no notice in California. However, they must pay you for any work you perform, even if it was not part of the original schedule.

Q: How do I know if I am exempt or non-exempt?

The vast majority of employees in California are non-exempt, which means they are entitled to overtime pay. Exempt employees are typically executives, professionals, or administrative employees.

Q: How many breaks am I entitled to in California?

You are entitled to one unpaid meal break, and two paid rest periods for every eight hours you work. If you work more than five hours a day, your employer must provide you with a meal break. If you work more than three hours a day, you are entitled to two paid rest periods.

Q: I think my employer is violating my wage and hour rights in California. What should I do?

If you believe your employer is violating your wage and hour rights, you should contact an experienced employment law attorney. At Law Office of Jeffrey D. Fulton, our Sacramento employment law team can help you understand your rights and options.

Q: How Long Does an Employer Have to Correct a Payroll Error?

The Fair Labor Standards Act (FLSA) doesn't specify when an employer must correct an error in a paycheck. In California, an employer must make the corrections "as soon as practicable" but no later than the next regular payday. If an employee quits or is fired, the employer has 72 hours to issue the final paycheck.

Q: I'm an independent contractor. Do I still get overtime pay?

No. Independent contractors are not entitled to overtime pay under California law.

Q: Can my employer deduct money from my paycheck?

Yes, but only in limited circumstances. For example, your employer can deduct money from your paycheck if you agree to it in writing or if the deduction is required by state or federal law.

Q: I am a salaried employee, and I was told that I am "exempt" from overtime pay. Is this true?

The answer to this question depends on several factors, including your job duties and salary. Generally speaking, salaried employees are not entitled to overtime pay unless they meet specific criteria.

Q: My employer threatens to withhold my wages if I do not sign a non-compete agreement. Should I sign it?

Non-compete agreements are typically void and unenforceable in California. However, there are some exceptions to this rule.

Have More Questions?

Employment law can be complex and challenging to navigate without the help of an experienced attorney. If you have more questions about wage and hour laws, Law Office of Jeffrey D. Fulton represents employees in wage and hour disputes in Sacramento and throughout California.

Get in touch with us today through our website or give us a call at (916) 318-3388 to find out how we can help you submit a claim.