California Labor Law lawsuits allege violations of California state labor laws such as overtime pay, discrimination and harassment. California labor employment law protects the rights of California employees, and includes issues such as overtime pay, meal and rest breaks, tip pooling laws, vacation laws and more. California labor law also includes California prevailing wage laws that ensure workers on California public improvement projects are not underpaid.
FREE CASE EVALUATION
Send your California Labor Law claim to a Lawyer who will review your case at NO COST or obligation. 
California Overtime Labor Laws
California has unique state overtime pay laws that protect employees from working extensive hours. With differences between state labor law and federal regulations on overtime pay, employers (especially multi-state corporations) often may, either accidentally or intentionally, incorrectly classify employees to avoid paying overtime wages and therefore violate California labor laws.
 California and Federal Employment labor laws secure an employee's civil rights to overtime pay and benefits while protecting against workplace harassment and discrimination.
California labor law differs from federal labor law. California law states that hours worked beyond eight hours per day qualify for overtime pay of one-and-one-half times the regular hourly wage. Employees who work more than 12 hours in one day qualify for overtime pay of two times the regular pay. However, some employees may be classified as exempt and not qualify for overtime pay.
Meal and Rest Breaks: Employees can sue for violations of California meal and rest break provisions going back a period of three years. In addition, it is likely that employees would be able to go back a total of four years under unfair competition laws. Previously, the DLSE ("California Labor Board") had restricted the claims to only a one-year period. (During a five-hour workday, an employee is required to receive a 30-minute break. During a ten-hour workday, an employee is required to receive two 30-minute breaks.)
California Prevailing Wage & Underpaid Workers
California construction projects--such as highway improvements, school construction or repair, work on city or county buildings, or bridge construction--are often paid for with public funds. California workers who provide labor for California public works projects or for California public improvements that exceed $1,000 in cost are entitled to receive wages at the prevailing rate--or "prevailing wage". California public works projects include those that are federally funded.
The prevailing wage rate for any publicly funded construction project is based on the basic hourly rate that a majority of workers who are engaged in similar work within the nearest labor market area are receiving. Public works laborers must be paid based on what the prevailing wage for their specific job is determined to be.
Specific trades that California prevailing wage laws apply to include but are not limited to:
- Carpenter
- Electrician
- Cement Mason
- Drywall Installer
- Teamster
- Iron Worker
- Painter
- Laborer
- Asbestos Worker
- Tunnel Worker
- Dredger
Because government contracts for public improvements are highly sought after, some bidders seek to submit lower bids by lowering wage rates. California prevailing wage laws require that all bidders on a public works contract must submit bids based on the same cost of labor--i.e., no bidder can use a lower wage rate in an attempt to 'win' a contract. Prevailing wage law ensures that work performed by the winning bidder on a public works contract is paid for according to the set prevailing wage rates. California prevailing wage includes not only the hourly rate of pay but also designated rates for overtime and holiday pay.
If a public works project in California is federally funded, the California state prevailing wage rate is used if that rate is higher, and if the project is controlled or carried out by a California awarding body.
California Computer Programmers
California also has separate overtime pay laws for those in the computer software industry and for commissioned employees such as stockbrokers. As of January 1, 2008, the California Legislature passed a law that effectively eliminated overtime for a large portion of California's computer programmers. The law "resets" the minimum hourly rate of pay to $36.00 per hour. In 2001, a base rate of pay of $41.00 per hour was set, provided that it increase by a cost-of-living increase each year. Following these increases, the minimum pay was $49.77 for 2007. However, the new law sets the base rate to $36.00 and the cost-of-living increase is based on this number for 2009.
The Fair Labor Standards Act (FLSA)
 The Fair Labor Standards Act is a federal law regarding employee wages and hours worked, including overtime hours and wages. Under the FLSA, some workers can be exempted from overtime pay. However, those workers must fit the criteria the FLSA sets out for exemption. California laws also apply to employment subject to the FLSA. In cases where both the FLSA and California state law apply, the law setting the higher standards must be observed.
More information on how the Fair Labor Standards Act applies to overtime can be found here.
Family Medical Leave Act (FMLA)
The Family Medical Leave Act (FMLA) is a federal act that requires covered employers to provide up to 12 weeks of unpaid leave to eligible employees for the following reasons: birth and care of the employee's newborn child; care for a child after adoption or foster care placement; care for the employee's spouse, child or parent with a serious health condition; or for a serious health condition that affects the employee's ability to work.
Employees are eligible for FMLA coverage if they have worked for a covered employer for at least one year, for 1,250 hours over the previous 12 months (not necessarily consecutive months) and if a minimum of 50 employees are employed by the same employer within 75 miles.
Covered employers are those who employ more than 50 employees within 75 miles of the worksite and have at least 50 employees who work 20 or more work-weeks in the current calendar year or the previous calendar year. Public agencies are covered by the FMLA regardless of the number of employees.
Occupational Safety and Health Act (OSHA)
The Occupational Safety and Health Act is a federal law enacted to ensure that employees work in an environment that is free from recognized hazards. It is part of the United States Code, Title 29, Chapter 15.
Federal laws also protect employees from sexual harassment and discrimination, including race, age, disability and pregnancy discrimination.
California employees who feel their rights have been violated may have the opportunity to bring their complaint before the courts.
California Labor Law Legal Help
If you are employed in the State of California and feel that your employer or a co-worker has violated a state or federal employment law, you may qualify for damages or remedies that may be awarded in a possible class action or lawsuit. Please click the link below to submit your complaint to a lawyer for a free case evaluation.
Last updated on Feb-7-12 |
MORE CALIFORNIA LABOR LAW
YOUR CALIFORNIA LABOR LAW STORIES
|
Email
Home Page >> Hot Legal Issues >> California Labor Laws
Los Angeles, CA: An alleged California labor law violation has landed a retailer in some potential hot water. Forever 21 is facing a class-action lawsuit on charges that it forced employees to work without compensation and that meal breaks were denied 
Sacramento, CA: Laquisha, who is black and gay, believes she was wrongfully terminated because she was discriminated against. And she was also fired while on disability leave. Could her employer, Verizon Wireless, have violated the California Labor Law on three counts 
Sacramento, CA: Employees at car washes in suburban Sacramento and other cities in the Golden State will share in a $1 million settlement over California labor law violations, according to The Sacramento Bee 
