How Does the Fair Labor Standards Act (FLSA) Protect California Employees?

Author: Mesriani Law Group
Posted on: November 30, 2020

California employees must be paid according to established labor law regulations.

To ensure a national minimum standard, the wage and hour division of the U.S. Department of Labor implemented the Fair Labor Standards Act (FSLA). FSLA dictates the minimum wage, overtime pay, child employment standards, and recordkeeping for employees in the private and public (federal, state, local government) sectors. 

Covered nonexempt employees are entitled to a minimum wage of $7.25 per hour. Overtime pay must be paid at a rate of at least one and a half times the regular pay rate required after 40 hours within a workweek. 

Federal Minimum Wage Pay

Under FSLA, the federal minimum wage is $7.25 per hour. States may also establish their own minimum wage laws. If an employee is subject to both federal and state minimum wage laws, the employer must pay the employee the higher minimum wage.

California Minimum Wage Pay

With some exceptions, most employees in California must be paid the state minimum wage. As of January 1, 2017, the minimum wage across all industries will be increased annually. From January 1, 2017 to January 1, 2022, the California minimum wage will increase for employers with 26 or more employees.

As of January 1, 2020, the minimum wage is $12.00 per hour for employers with less than 25 employees. The minimum wage is. $13.00 per hour for employers with 26 or more employees.

Employees that may be exempt from the minimum wage law include outside salespersons, employees who are the spouse, parent, or child of the employer, and apprentices under the State Division of Apprenticeship Standards.

FSLA Overtime Pay 

Covered nonexempt employees must be paid for overtime for hours worked over 40 per workweek (any fixed recurring period of 168 hours or seven consecutive 24-hour period). Overtime pay must be at a rate of one and a half times pay the regular pay rate.

FSLA doesn’t require overtime pay for work done on weekends, regular days of rest, or holidays unless overtime is worked on these days.

Hours Worked and Recordkeeping

Hours worked generally include all time when an employee is required to be on an employer’s premises, duty, or workplace.

Employers must keep accurate records of employee time and pay records. Additionally, employers must display an official poster that outlines the requirements of FSLA.

Child Labor Standards

Child employment standards are intended to protect the educational opportunities of minors. They serve to prohibit their employment in jobs that would be considered destructive to their well-being or health.

State child labor laws can add additional regulations the employment of youth workers. For example, all minors under age 18 employed in California must have a work permit.

Consult with our Fair Labor Standards Act Attorneys Today

California employees should be paid correctly according to labor law standards. If your employer has denied you the minimum wage or overtime pay, you are entitled to compensation. With an experienced employment attorney by your side, we’ll make sure you get the justice you deserve.  We are confident that our experienced attorneys can obtain the maximum compensation for your case and offer a “no win, no fee” guarantee. Contact Mesriani Law Group today for your free legal consultation.