{"id":371859,"date":"2016-03-31T21:34:32","date_gmt":"2016-04-01T02:34:32","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/california-law\/california-wage-and-hour-laws.html"},"modified":"2026-02-04T15:13:22","modified_gmt":"2026-02-04T20:13:22","slug":"california-wage-and-hour-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/california-law\/california-wage-and-hour-laws.html","title":{"rendered":"California Wage and Hour Laws"},"content":{"rendered":"\n
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California Wage and Hour Laws<\/h1>\n\n
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\n By Carol Clasby, J.D.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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California<\/span>‘s wage and hour protections<\/span> are among the strongest in the nation. They provide employee protections<\/span> regarding minimum wage<\/span>, overtime pay<\/span>, meal and rest breaks<\/span>, and final paychecks<\/span>. These laws, contained in the California<\/span> Labor<\/span> Code<\/span>, apply primarily to non-exempt employees<\/span> and are enforced by the Division of Labor Standards Enforcement<\/span>.<\/p>\n\n <\/div>\n\n\n\n

Workers need protection<\/span>, something California<\/span> takes seriously. California<\/span> employment laws<\/span> cover working conditions<\/span>, sick leave<\/span>, employer retaliation, workers\u2019 compensation<\/span><\/a>, and more. These state laws<\/span> include strong enforcement provisions that empower employees.<\/p>\n

One important group of these laws is “wage and hour” law. These state laws<\/span> provide California<\/span> workers with some of the most protective rights in the nation. Some worker-protection<\/span> laws apply to both exempt and non-exempt employees<\/span>. This article primarily focuses on the wage and hour protections<\/span> for non-exempt employees<\/span>.<\/p>\n

An Overview of California<\/span> Labor<\/span> Law<\/span><\/h2>\n

California<\/span> workers are protected under both federal and state wage and hour laws<\/a>. In almost all cases, California<\/span> law<\/span> provides more protection<\/span> for employees than the primary federal law<\/span>, the Fair Labor Standards Act<\/span> (FLSA<\/span>).<\/p>\n

California<\/span> laws<\/span> require employers to meet the standards of the more protective law. Most California<\/span> employees<\/span> can file both a state and a federal wage claim<\/span> for issues involving their work time<\/span>.<\/p>\n

California<\/span> Labor<\/span> Law<\/span> Authorities<\/h3>\n

California<\/span> laws<\/span><\/a> and regulations set the floor for employee rights. Case law from the courts explains how these rules work. Employer-created authority, such as an employment agreement or employee handbook, may carry weight, but only if it provides employees with the legal minimum.<\/p>\n

California<\/span> employees<\/span> have very strong protections<\/span> against workplace discrimination and harassment. The Fair Employment and Housing Act (FEHA) covers these rules. The California<\/span> Civil Rights Department (CRD) enforces them.<\/p>\n

In California<\/span>, wage and hour laws are contained in the California<\/span> Labor<\/span> Code<\/span><\/a>. The Industrial Welfare Commission Wage Orders<\/span> cover details regarding overtime, breaks, reporting time pay<\/span>, paid time off<\/span>, and split shifts.<\/p>\n

How Are The Wage and Hour Laws Enforced?<\/h3>\n

The main agency protecting your wage and hour rights is the Division of Labor Standards Enforcement<\/span> (DLSE<\/span>), also known as the Labor Commissioner<\/span>. This is the agency you would file a state wage claim<\/span><\/a> with. If a local minimum wage<\/span> applies to you, you may be able to file a claim with the city or county agency.<\/p>\n

The DLSE<\/span> sits within the Department of Industrial Relations<\/span> (DIR). This agency oversees Wage Orders<\/span>, regulations, and enforcement coordination.<\/p>\n

What Is a \u201cNon-Exempt\u201d Employee?<\/h2>\n

One of the main ways labor laws<\/span> categorize workers<\/a> is \u201cexempt\u201d and \u201cnon-exempt.\u201d The distinction is important. California<\/span> employees<\/span> who are non-exempt enjoy all the protections<\/span> of the state\u2019s wage and hour laws under the California<\/span> Labor<\/span> Code<\/span>. Exempt employees do not. How do you know if you are a non-exempt employee<\/span>?<\/p>\n

To classify an employee as exempt, a California<\/span> employer<\/span> must:<\/p>\n