California Labor Law Basics
California labor laws serve as the backbone of the state’s employment environment, established to foster fair and safe working conditions for all Californians. These laws govern various aspects of employment, including wages, hours, breaks, and benefits, and apply to both public and private entities that employ one or more individuals in California. The primary purpose of California labor laws is to protect workers from unfair treatment by employers. They ensure that employees receive fair compensation for their work, are not subject to discrimination or harassment, and have access to a safe and healthy work environment. These laws also set forth the rights and responsibilities of both employers and employees, providing a framework within which workplace disputes can be addressed and resolved. In terms of regulating hours , California labor laws require that most employees be provided with certain basic benefits and restrictions. For example, employees must be paid overtime for hours worked beyond eight in a single workday or 40 in a single workweek. In addition, employees are entitled to meal and rest breaks after a certain number of hours worked. Californians should also be aware of the "waiting time penalties" for employees that go unpaid for past work. When their former employers don’t pay them in a timely manner, an employee may file a suit under California labor laws in order to acquire their hardship compensation. By upholding the rights and responsibilities mandated by California labor laws, employees and employers are better able to work together effectively, resulting in a more balanced and beneficial employment relationship.
Minimum Time Between Shifts Requirement in California
However, unlike federal law which does not place limits on how much time must be provided between shifts, California law does. Under California law, an employer must allow a minimum of 10 hours between the end of an employee’s last shift and the beginning of their next shift or work period from which there is a time of 12 hours or more. California law does include certain exceptions to this rule. The following exceptions apply: First, if there is a waiver, a request can be made for a one time waiver for an employee’s work schedule to be moved so that the employee does not receive 10 hours off between shifts, however, overtime will be owed to the employee for any hours worked past 8 hours within the next shift. The employer must have put into place a mechanism for employees to be able to voluntarily opt out of the 10 hours off requirement. This may include, for example, job postings for workers to take additional shifts and an established process for employees agreeing to give up this right. However, there is no prohibition on employers offering bonuses or incentives to employees who want to voluntarily opt out. Factors that an employee may consider for voluntary opt outs can include a variety of personal or financial reasons. However, the law makes clear that in California, only voluntary opt outs are allowed. The law prohibits employers from making a shift waiver a part of an employee’s regular job assignment from the outset.
Second, in the event of an emergency situation (natural disaster, etc.), an employee may be required to work without the required time between shifts. In this case, the applicable time must be paid to all employees for any shift where they are required to work less than 10 hours off.
California employers must also include rules pertaining to the state-mandated minimum time between shifts in collective bargaining agreements. For hourly employees, the minimum time between shifts has essentially no impact because even if an employee waives it, California law already requires overtime whenever the threshold for the number of hours worked per week is not met.
Effects on Workers and Employers
In light of the shift interval laws, there are a number of things that employers in California should keep in mind:
First, an employer may not apply any strict, draconian consequences or discipline against employees who choose not to work at all or who resign due to an infraction of the law.
Second, an employee who is terminated or resigns because his or her employer has a shift interval policy that violates the law, or if his or her employer violated the law, may also file a wage claim with the Labor Commissioner’s Office.
Finally, should an employee file a claim, or even a lawsuit, employers should always remember that retaliation is strictly prohibited under California law, and that it is crucial that all employees, including those who interact with the public or have billing and collection responsibilities or have supervisory, managerial or human resources responsibilities, are reiteratively trained to avoid retaliation of any form.
Case Examples and Legal Context
One of the recent discussions and controversies in the hospitality arena relates to the fact that certain employees are being required to work half shifts or even less. This can have a multitude of effects on such employees: it affects their paychecks, it places them into a situation where they are hopefully obligated by policy not to work additional hours elsewhere, and of course, it can even be an issue under the employer maintaining a proper budget. Of course, this does not make it right as there needs to be legal governing factors and rules, and if there’s not, such employees may have legal recourse.
For example, in 2003, the California Supreme Court held in Morillion v. Royal Packing that a packing company had illegally required its workers to show up on days they were not scheduled to work to catch buses that took them to work sites an hour away. The Court held that the employer’s practice violated California law requiring employers to pay for all time employees are subject to the control of their employer. In that case, all the workers used the buses and were required to attend a safety meeting which was conducted on the bus, but the court noted that they were not paid for the ride home .
It is also helpful to note that the Labor Code requires that employees be paid a minimum of two hours’ pay at the employee’s regular rate of pay for any work period of less than two hours. If an employee is scheduled for a shift of more than 2 hours but less than 4 hours and is then voluntarily discharged, the employee is entitled to two hours’ pay. If the discharge is by the employer, the employee is entitled to 4 hours of pay. If the employee voluntarily quits, the employee is entitled to the same pay if they have provided less than 24 hours of notice.
Also, there are Employers in the hotel/restaurant industries that implement different policies for bar staff. Some of these policies are written employment agreements by which an Employer requires the employee to arrive prior to their scheduled shift to set up the bar. Some Managers require employees who would have no other hours to be available for shifts, even though the employee has no scheduled hours that day. And some Managers require employees to be available 30 minutes prior to the start of their shift. These situations have been the subject of recent litigation.
Correcting Violations
Employees who believe their rights under these laws have been violated may file a complaint with the California Division of Labor Standards Enforcement [(DLSE)](http://www.dir.ca.gov/dlse/dlse.html). The EDD may also investigate violations of these laws. For violations of the Labor Code, individuals may file a claim with the DLSE. Employees also have the option to pursue remedies in a civil court action. Although a one-hour rest period is paid, California attorneys and courts have held that employees are entitled to payment for any rest periods taken "in a single period." (IWC Wage Orders 1-16, including California’s Wage Order No. 5-2001 [Labor code sections 22022 & 226.7 can be included as well]) This means that any payment for a rest period should be considered the same as regular hourly wages. Courts have held that employers owe lead time pay to an employee even during any rest period. The DLSE also recommends that employees consider seeking help from their union, if applicable.
Common Questions
**Frequently Asked Questions – Time Between Shifts**
Q: Does California law prohibit an employer from scheduling an employee to work two shifts with a break of only a couple of hours in between and paying her for only the actual hours worked in those shifts?
A: No. Nothing in California law prevents an employer from scheduling employees to work two shifts in a single day that are separated by breaks of any length or length of time. Even where the breaks are only 90 minutes or two hours or so, the employer need only pay the employee for the time actually spent working. (This is subject to wage orders that may require the payment of split shift premiums under certain circumstances, which exist in restaurants, canneries, canneries, guardians, manufacturers of any of the goods or articles enumerated in section 1350 of the Labor Code, and laundries, dry cleaners, and other launderers.)
Q: Can an employer require an employee to take only a short break in between shifts in a single day?
A: Yes. California law does not establish the length of time that an employee must be given in between shifts in a single day. Employers are free to require employees to take short breaks between shifts. Of course , breaks must otherwise be in compliance with California break requirements.
Q: Can an employer require an employee to take a late second shift?
A: Yes. As a general rule, nothing in California law prohibits an employer from requiring an employee to work a late second shift, provided the total number of hours the employee works in the day does not exceed a maximum number of hours established by law. (An exception is for employees suffering domestic abuse or stalking, whom employers may not require to work a second shift without consent of the employee and under certain conditions.)
Q: I received a phone call from my boss who asked me to come into work only two hours after I had left work for the day. Are there any requirements that would have prevented her from requesting that I come in on less than 24 hours’ notice?
A: No. Where an employee works a second shift in a single day, California law does not prohibit the employer from asking the employee to report to work without 24 hours’ notice, even if the employer did not provide the employee with 24 hours’ notice prior to the start of the second shift.