What Employees Need to Know

UNPAID WAGES

By hiring employees, a company implicitly agrees to comply with certain state and federal employment laws.

If an employer  fails to follow requirements, even unintentionally, they can be held responsible.

Hourly workers in the United States.

80

MILLION

THERE ARE

Over one million of these workers are paid less than minimum wage.

58

PERCENT

THAT IS

OF ALL WORKERS

California's overtime laws are generally more favorable to employees than federal law.

California non-exempt worker wages:

More than eight hours a day:  1.5x normal hourly rate More than 40 hours in a week: 1.5x normal hourly rate

1.5X

California non-exempt worker wages:

More than 12 hours in a day:  2x normal hourly rate More than eight hours a day, if working seven or more consecutive days:  2x normal hourly rate

2X

The Fair Labor Standards Act and California state laws protect workers from employment abuses.

The FLSA covers public and private employers, regardless of size, and the protections of the FLSA extend to both full-time and part-time workers. States are free to enact more protective laws.

FLSA

The Fair Labor Standards (FLSA) Act

MINIMUM WAGE

CONSUMER PRICE INDEX

California’s employment laws are more favorable to workers than corresponding federal laws in many situations.

Federal minimum wage: $7.25/hour  California minimum wage:  $14.00/ hour for small employers; $15/hour for large employers

Some cities tie the minimum wage to the Consumer Price Index (CPI), ensuring that the minimum wage rises each year with inflation. Berkeley is one such city.

CPI

Consumer Price Index Adjustments

Be over 16 with permission to leave school

Be in a non-executive, non-administrative,  non-professional position

Not all employees are eligible for overtime pay. As a general matter, to be eligible, an employee must:

Be over 18, or

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Employees who work in executive, administrative or professional jobs are considered to be exempt from the California Labor Code overtime laws.

To avoid paying overtime wages, many California employers intentionally mischaracterize employees as exempt, which results in the employee not being paid overtime wages they deserve.

THEFT

Employee misclassification

If you have been denied your hard-earned wages, an employment law attorney can help.

YOU HAVE RIGHTS

Our experienced wage and hour attorneys here to fight on your behalf.