As of January 1, 2024, the minimum wage in California is as follows:
State Minimum Wage
The standard minimum wage for all employers in California is $16.00 per hour. It will increase to $16.50 per hour on January 1, 2025.
Local Exceptions
Several cities and counties in California have their own minimum wage ordinances, which often exceed the state minimum wage. Here are some examples:
- Alameda: $17.00/hour
- Belmont: $17.35/hour
- Berkeley: $18.67/hour
- Emeryville: $19.36/hour
- San Francisco: $18.67/hour
Industry-Specific Minimum Wage
Fast Food Workers: Effective April 1, 2024, the minimum wage for fast food workers in California will be $20.00 per hour.
Future Proposals
There is a proposed ballot initiative (Proposition 32) that, if passed, would increase the state minimum wage to $18.00 per hour by 2026, with annual adjustments for inflation thereafter. However, this is not yet in effect.
In California, it is not illegal to work an 8-hour shift, but there are specific requirements regarding meal and rest breaks that must be adhered to.
Meal Breaks
For shifts exceeding 5 hours, employees are entitled to an unpaid meal break of at least 30 minutes. This meal break must be provided before the end of the fifth hour of work.
If an employee works more than 10 hours in a single shift, they are entitled to a second 30-minute meal break, which must be provided before the end of the tenth hour.
Rest Breaks
Employees are entitled to a 10-minute paid rest break for every 4 hours (or major fraction) worked. For an 8-hour shift, this typically means two 10-minute rest breaks, one before and one after the meal break.
Here’s a general outline for an 8-hour shift:
Meal Break: One 30-minute unpaid meal break, usually taken around the 5th hour.
Rest Breaks: Two 10-minute paid rest breaks, typically one before and one after the meal break.
Employers must relieve employees of all duties during these breaks, allow them to take the breaks uninterrupted, and not create incentives or a culture that encourages skipping breaks.
If these break requirements are not met, employers may face penalties, including paying the employee an additional hour of regular pay for each day on which a meal or rest break violation occurred.
In California, the break laws do not mandate 15-minute breaks. Here are the specific break requirements:
Meal Breaks
Nonexempt employees are entitled to an unpaid 30-minute meal break for every 5 hours worked. This meal break must be provided before the end of the fifth hour of work and must be uninterrupted and duty-free.
Rest Breaks
Employers must provide nonexempt employees with a paid 10-minute rest break for every 4 hours (or major fraction) worked. A major fraction is considered anything over 2 hours. For example, an employee working an 8-hour shift is entitled to two 10-minute rest breaks.
There is no provision in California labor law for mandatory 15-minute breaks. The law specifies 30-minute meal breaks and 10-minute rest breaks.
In California, there are specific regulations regarding the number of hours an employee can work in a day and a week, as well as the breaks and overtime pay required.
Maximum Hours in a Workday
Non-exempt employees can work more than 8 hours in a day, but they must be compensated with overtime pay.
Here are the overtime rules:
For hours worked beyond 8 hours up to and including 12 hours in a workday, employees must be paid at a rate of one and a half times their regular rate of pay.
For hours worked beyond 12 hours in a workday, employees must be paid at a rate of double their regular rate of pay.
Break Requirements
Employees must be provided with a 30-minute unpaid meal break for every 5 hours worked, which must be given before the end of the fifth hour of work.
Employees are also entitled to a 10-minute paid rest break for every 4 hours (or major fraction) worked.
Consecutive Days
Generally, it is illegal for employers to schedule employees to work seven consecutive days without providing a day of rest. Employees are entitled to one day of rest out of every seven days.
However, there are exceptions for certain industries and emergency situations where employees might be required to work more than six consecutive days.
While there is no strict limit on the number of hours an employee can work in a single day, the law mandates overtime pay for hours worked beyond 8 hours.
Employees must receive meal and rest breaks according to the hours worked.
Employers are generally prohibited from scheduling employees to work seven consecutive days without a rest day, with some exceptions.
In California, the “7 day rule” or “day of rest” law is governed by specific provisions of the California Labor Code.
Here are the key points:
General Prohibition
Employers are generally prohibited from requiring employees to work more than six days in a seven-day workweek. This means employees are entitled to at least one day of rest in every seven-day period.
Overtime on the Seventh Day
If an employee does work on the seventh consecutive day of a workweek, they must be paid overtime. For the first eight hours worked on the seventh day, the employee must be paid at a rate of one and a half times their regular rate of pay. For any hours worked beyond eight hours on the seventh day, the employee must be paid double their regular rate of pay.
Calculation of Workweek
The prohibition on working more than six days in a row is calculated based on the employer’s defined workweek, not just any consecutive seven-day period. This means an employee could work seven or more consecutive days without violating the law if the days span across two different workweeks.
Exceptions
There are several exceptions to this rule:
Employees who work in certain industries such as agriculture, healthcare, or common carriers may have different rules.
Employees who work less than 30 hours in a week or less than six hours in any day are exempt.
Collective bargaining agreements or employment contracts may include provisions that allow for flexibility in scheduling.
Emergency situations where the employee’s work is necessary to protect life or property are also exempt.
Employee Choice
While employers cannot require employees to work more than six days in a week, employees can choose to work more days if they wish. However, employers cannot induce or cause employees to forego their day of rest and are subject to penalties if they do so.
The 7 day rule in California ensures that employees have at least one day of rest in every seven-day period, with specific overtime pay requirements if they do work on the seventh day, and includes various exceptions based on industry, employment agreements, and emergency situations.
In California, while employees have the right to take 10-minute rest breaks, they also have the option to skip these breaks under certain conditions.
Voluntary Waiver
Employees can voluntarily choose to skip their 10-minute rest breaks, but this decision must be made freely without any pressure or encouragement from the employer.
Employer Restrictions
Employers cannot pressure, encourage, or create incentives for employees to skip their rest breaks. If an employer forces or induces an employee to waive a rest break, the employee is entitled to an additional hour of pay at their regular rate as a penalty.
No Formal Documentation Required
There is no requirement for employees to sign any specific paperwork to waive their rest breaks. However, employers should ensure that the decision to skip a break is genuinely voluntary and not coerced.
You can skip your 10-minute break in California if you choose to do so voluntarily and without any influence from your employer. However, if your employer forces or encourages you to skip the break, you may be entitled to additional compensation.