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California Employment Lawyer > San Jose Wage & Hour Lawyer

San Jose Wage & Hour Lawyer

California may be an at-will state for purposes of the employment relationship, but there are numerous wage and hour statutes at the federal, state, and local level that impose requirements on employers. Besides setting minimum standards for pay, these laws cover overtime, missed meals, and rest breaks, so they are far more extensive than you might expect. Whether you are an employer or employee, it is essential to retain experienced legal representation to help you understand your rights and responsibilities.

If you are encountering challenges regarding something so fundamental as wages and hours, it is wise to trust our team at Scott Wagner and Associates, P.A. for legal advice. We represent businesses seeking to ensure they remain in compliance with the relevant laws, as well as employees needing help enforcing their rights. To learn more about our legal services, please contact our office to schedule a case evaluation with a San Jose wage & hour lawyer. Some background information may also be helpful.

Summary of Wage and Hour Laws in California

While federal law imposes numerous requirements related to wages, hours, overtime, and many other aspects of employee pay, the statutes allow individual states to enact rules that provide employees with higher levels of protection. The California Division of Labor Standards Enforcement (DLSE) has implemented several regulations that depart from the federal law in this way, including:

  • For 2020, the minimum wage in the state is $13 per hour for employers with 26 or more employees;
  • Smaller companies must pay employees $12 per hour;
  • Minimum wage will gradually increase to $15 by 2023; and,
  • Employees are entitled to a 30-minute meal break within the first five hours of a shift, along with 10-minute breaks for each four hours of work. This requirement only applies to nonexempt employees, described in detail below.

Overtime and Exemptions

California’s overtime laws require employees to pay employees 1.5 times their regular hourly wage when they work 8-12 hours in a single workday and 8 hours on the seventh consecutive workday. Companies must also pay double employees’ hourly wages when they work more than 12 hours in a single day or more than 8 hours on the seventh consecutive workday.

However, overtime rules and meal break/rest rules only apply to nonexempt employees. Our attorneys at Scott Wagner and Associates, P.A. can explain in more detail, but employees are exempt if they:

  • Make more than the minimum threshold in annual salary, which depends on the size of the employer and is subject to periodic increases;
  • Work in administrative, professional, executive, outside sales, or computer positions; and/or,
  • Are otherwise exempt according to California law.

Set Up a Consultation with a San Jose Wage & Hour Attorney

As you can see, the laws covering wages, hours, overtime, and other aspects of the employment relationship can be complex. Both employers and employees can benefit from legal assistance, so please contact the San Jose, CA offices of Scott Wagner and Associates, P.A. right away. We can set up a consultation to review your situation and determine how to proceed.

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* Cathleen Scott is licensed to practice in Florida only.

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