September 28, 2019
California labor law heavily favors workers, and it is important for all employees in the state of California to understand where their rights within the state differ from federal employment laws.
The first major diversion comes from minimum wage. Currently, the federal minimum wage is $7.25/hour. In the state of California, minimum wage is nearly double that at $12.00/hour. The second major difference requires California employers to pay workers for all hours worked. Federal law is gray around work activities that are considered “ancillary” to regular job duties. California law also allows independent contractors who should have been classified as employees based on duties and expectations to recover penalties for that misclassification.
It is important to understand where your rights diverge from federal rights. We have seen cases in which employers try to use federal rights as a standard, and their workers have suffered. If you understand where you have an advantage under state law can help you to avoid unfair treatment.
For example, if you are not paid for all the hours you worked, it can be helpful to understand the term “ancillary task”. For example, if you are a teacher, picking up school supplies can be considered ancillary to your primary duties of creating lesson plans and teaching students. In California, you are entitled to payment for all ancillary activities.
If you suspect that your employer is not adhering to California state law, then call us to discuss the details of your situation. Our attorneys are experienced in handling labor lawsuits, and we can help shed some light on your situation.
