Work Laws in California

There are many federal and California laws regarding how and when work is to be performed. Work laws apply to all employees, regardless of citizenship status and documentation. Below are the laws causing the most work place disputes experienced by attorneys in California.

Work Laws in California include:

• Meal and Rest Breaks - Employers must provide meal breaks. However, after the meal break is given employers are not obligated to ensure employees are not doing any work. Workers get a meal break, at least 30 minutes long, for every 5 hours worked. Workers also get a 10 minute rest break for every 4 hours worked, within the 4 hours. A nonexempt employee gets a 10 minute break for at least 3.5 hours worked. Rest breaks must be paid.
• Overtime -  Employers can require employees to do overtime work. Workers must be paid overtime pay when working either more than 8 hours per day or 40 hours per week. Overtime pay is one and a half times the hourly pay rate for work performed up until 12 hours in a day. Overtime pay is double the hourly pay rate for all work done exceeding 12 hours in a day. Overtime pay can apply to both hourly workers and salary workers, but you must be a non-exempt worker to qualify. Laws on overtime work apply to anyone age 16 and over.
• Schedule - An employer has the right to schedule non-exempt employees, which are generally hourly workers.
• Uniforms & work related expenses - Employers cannot make deductions for a uniform that a worker must wear. Employers must pay for uniforms worn and all tools or expenses required to perform work duties. A "uniform" can include clothing and or accessories of a distinctive design or color.
• Minimum wage - In California, the minimum wage is $8.00. The minimum wage is the same for non-tipped and tipped workers, such as waiters, waitresses, bartenders and more. 
• Drug Testing - Work laws prohibit random drug testing, except under specific circumstances.
• Social Media - Employers are prohibited from requiring or requesting "social media" usernames or passwords.
• Commission - Commission plans must be set forth in writing including the method for calculating commissions as well as payment.
• Religious Dress and Grooming - New labor laws prohibit discrimination against persons with religious attire, head or face coverings, jewelry and artifacts, and any head or body hair in adherence to a person's religion.
• Worker Records - Workers have the right to inspect their own personnel record or file and make any copies. Employers are required to either make a copy of the entire file or make it entirely available within 30 days of the request.
• Seating - For all work that reasonably permits the use of seats, employers are required to provide suitable seats. This new law applies retail employees only, but similar laws already exist for other industries.

Most work related disputes are resolved through negotiation, mediation, and arbitration by civil attorneys representing both parties, the plaintiff and the defendant. When a civil attorney representing the plaintiff cannot get a satisfactory result through any of the three methods mentioned, the attorney will move on to litigation in court. Litigation in a civil law court room can be very costly, but the plaintiff who is usually the worker, does not pay for attorney fees. The civil attorney defending the worker will charge the client a percentage of what the attorney wins and only if there is a victory. Top attorneys get the most wins without the use of litigation in a lawsuit over a work violation.

California has the highest immigrant work force in the nation, many undocumented or illegal. Many employers assume immigrants aren't familiar with laws covering work. Attorneys counsel the most on employment cases revolving around overtime pay, minimum wage, and breaks at work performed by immigrants.