California Wage and Hour Laws
By FindLaw Staff | Legally reviewed by Chris Meyers, Esq. | Last reviewed January 24, 2023
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State wage and labor laws include the California minimum wage laws and various types of employee leave and protections, in addition to overtime, meals, and breaks. Employee lawsuits against California employers frequently involve California wage and hour laws, particularly with respect to overtime pay, breaks, and meal breaks. Also, nonexempt employees may not waive their right to overtime, while the law allows very limited exceptions to meal and break time requirements.
California law requires payment of one and a half times the regular rate for hours of work in excess of eight in a single day, and double time or twice the regular rate for all hours worked in excess of 12 in a single workday. With respect to meal periods, employees must be relieved of all duties and be free to leave the premises for the entire 30-minute period required by law.
California Wage and Hour Laws: An Overview
The main provisions of California wage and hour laws are listed in the table below. See FindLaw's Wage and Hour Laws section to learn more.
Statute |
California Labor Code sec. 500-558 |
|---|---|
Minimum Wage |
$15.50 as of 2023 |
Overtime |
Any work in excess of eight (8) hours per day or 40 hours per workweek is considered overtime and must be paid at one and one-half times the employee's regular rate of pay. Any work in excess of 12 hours in one day must be paid at twice the regular hourly rate. |
Meals and Breaks |
Employees who work more than five consecutive hours (more than six for certain employees in the motion picture industry) must be provided with an unpaid, 30-minute meal period. Employees must be provided with a 10-minute paid rest period or rest break for every four hours worked (in the middle of the work period, if possible). |
Leave |
Vacation benefits are not required; paid sick leave is not required; holiday leave is not required (but holiday pay is); employers may not terminate or otherwise retaliate against California employees who serve on a jury, but are not required to pay wages for those absences and time off (and employee must use available vacation or personal leave). |
Severance Pay |
Not required |
Agency |
Department of Industrial Relations, Division of Labor Standards Enforcement (DLSE) |
Penalties |
Initial violation: $50 fine for each employee for each pay period that violates wage and hour laws, in addition to back wages; $100 fine for each subsequent violation (plus back wages) |
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Research the Law
- California Law
- Official State Codes - Links to the official online statutes (laws) in all 50 states and DC.
Have Your California Wage and Hour Law Questions Answered by a Lawyer
It's likely that you'll have specific questions about how California wage and hour laws apply to you. If so, it's best to speak with an experienced employment lawyer in California who will be well-versed with the state's employment laws and provide personalized legal advice. An employment attorney can help you navigate California employment law and provide answers about filing a wage claim or overtime laws.
Next Steps: Search for a Local Attorney
Contact a qualified attorney.