Oftentimes, employers implement workplace rules that sound incorrect or questionable. You may not be receiving the correct pay or the number of meal periods or rest breaks that you are entitled to. It may seem impossible to find answers to simple questions about the Labor Laws in California. Below you will find 6 basic rights you have as an employee in California.
1. Meal Periods and Rest Breaks
If you work over 5 hours in a day, you are entitled to a 30-minute unpaid meal period. If you won't work more than 6 hours in a day, you can choose to waive your meal period. If you work more than 10 hours in a day, you are entitled to two 30-minute unpaid meal periods. If you work more than 4 hours (and every 4 hours thereafter), you are entitled to a 10-minute paid rest break.
2. Overtime
If you work more than 8 hours in one day and/or more than 40 hours in one week, you are entitled to 1.5 times your regular rate of pay for the overtime hours worked.
For example: Kayla has a regular rate of pay of $15 dollars per hour. On Tuesday, she is scheduled to work from 6:00am to 3:30pm, a total of 9.5 hours. Because she is entitled to one unpaid 30-minute meal period, she will be paid for a total of 9 hours. The one hour of overtime that Kayla worked will be paid at an hourly rate of $22.50.
3. Sick Time
Your employer is to allocate 1 hour of sick time for every 30 hours you have worked, eligible for use after 90 days of employment, for a maximum of 48 hours (6 days) per year. Upon departure from your employer, you are entitled to 1 hour of pay for every sick hour that you did not use during employment.
4. Pay Upon Discharge
If you are terminated, your final check and all accumulated sick time are owed to you at the time of termination. If you resign, your final check and all accumulated sick time are owed to you within 72 hours of your resignation. Your employer is not required to pay you for any vacation time that you did not use. If your employer does not pay you within the designated time period, you are entitled to 1 day of wages for every day that your check is late, for a maximum of 30 days.
5. Reimbursement of Personal Equipment
If you have been using your own personal cellphone or laptop to work from home or even in the workplace, your employer must partially reimburse you for the use of your personal equipment. Internet usage and electricity are not included unless purchased solely for job purposes.
6. The Family Medical Leave Act (FMLA)
The Family Medical Leave Act (FMLA) allows you to take up to 12 weeks of unpaid leave annually. In order to qualify for FMLA leave, you must have been employed with your employer for a minimum of 1 year or have worked more than 1,250 hours. This leave can only be taken under certain circumstances such as a medical emergency, an immediate family member's medical emergency, or for the purposes of maternity/paternity leave. This leave is protected, meaning that your employer is not able to retaliate against you for taking the leave, and you should be able to return to work in the same position you held before your leave.