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SpinDistribute.com Article Directory

The following article was published in our article directory on May 12, 2012.
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Knowing California Labor Law

Article Category: Legal

Author Name: John F. Beaty

If you do not know the California labor law, you will not know if you are treated justly by your employers. These laws were enacted by government so as to maintain employees and employers rights. If you know what these regulations are, you would be saved from any oppression by your boss in the future.

In terms of overtime, the general rule is that employees should not exceed 8 hours every day and 40 hours every week as commanded by the DSLE or Division of Labor Standards Enforcement. The employer however can give 1 and a half more than the usual pay rate of an employee in all hours after the usual 8 hours per day or 40 hours per working week.

The wage and hour employment law of California states that the minimum wage is $8 an hour for all industries as of 2011. Those who find that they have not much tasks to do once they go to the work area will receive half of their usual rate. This means only a work of 2 to 4 hours only. If the employee concurs, the employers that give meals and accommodation can credit these benefits to the minimum wage obligation. It should be noted that there are positions which are exempted from laws on minimum wage.

There are also fair California labor laws with regards to meal periods. Employees must not have less than half an hour of meal break after 5 hours of work in the usual 8-hour work day. This provision can be changed if the employee has only 6 hours in a workday. If the employee has worked for 12 hours, he is entitled to another 30-minute meal time. This can however be waived if both the employer and the employee agree to this and if the first meal break was already availed of. If during the meal time the employer asks the employee to work while eating, the latter is entitled to monetize his meal break.

The entertainment industry for which California is popular for also has provisions on meal periods. Those working in this industry should have a break of at least 30 minutes to an hour during 6 hours of continuous work. IWC Order 12-2001, Section 11(A) states that the second break of 30 minutes to an hour should be given after another 6 hours of work.

In terms of holidays, the labor laws of California states that it is not necessary for employers to give their employees paid holidays. If the boss wishes to provide paid holidays to his workers, these are considered like the regular work days of a week.

Employees' right are upheld and advocated by employees unions. Section 7 of the National Labor Relations Act of 1935 state that all employees have the right to organize themselves and to create unions that would collectively bargain with employers. Lately, there are union-busting bills that entered in the pro-labor California Legislature which was heard last April 18, 2012 after a few Los Angeles teachers were accused of sexual harassment.

Keywords: california labor law, employers rights, wage and hour employment law, union busting

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