Nevada and California both require an employer to pay “time and a half” for all hours worked over 40 in a workweek. While employing California-based employees, it will be necessary not only to stay apprised of changes to the state minimum wage laws, but also to the local rules of the communities in which your employees work. For example, as of July 1, 2022, the San Francisco minimum wage is currently $16.99 an hour for all employees. Numerous cities and counties in California have passed minimum wage ordinances requiring higher minimum wage rates than state law. However, unlike Nevada, California has also seen an ongoing proliferation of so-called “local” minimum wage rates. In contrast, as of January 1, 2023, the State of California has a single minimum wage rate of $15.00 an hour for employers of all size. To read the Nevada Labor Commissioner’s minimum wage bulletin, click here. Due to Nevada Assembly Bill 456, passed during the 2019 Legislative Session, these minimum wage rates will increase by $0.75 on July 1 of each year, until eventually reaching $11.00 and $12.00 on July 1, 2024. Minimum WageĪs a Nevada employer, you are almost certainly familiar with Nevada’s constitutional two-tiered minimum wage system: which is currently $9.50 an hour for those employees who are provided qualifying health coverage, and $10.50 an hour for those who are not. To see an example of an employer’s potential liability for wages and California penalties after allowing employees to work off the clock (“OTC”) for only five minutes per day, click here. Moreover, they are in addition to any statutory penalties that one may recover in an individual or class action lawsuit. These PAGA penalties, calculated on a per-violation, per-employee basis, add up very quickly, and are extremely substantial. PAGA authorizes employees to step into the shoes of the Attorney General of California and sue their employer on behalf of themselves, their fellow employees, and the State of California, for penalties which would normally be assessed by and paid to the State. In addition, they likely will be required to pay “civil penalties” in an action brought under California’s PAGA statute. The Labor Code Private Attorneys General Act of 2004 (“PAGA”)Ĭalifornia employers that do not comply with the Labor Code and applicable Wage Orders are subject to liability for unpaid wages as well as hefty statutory penalties. This determination is not always easy to make, and sometimes multiple Orders can apply.įor guidance on selecting the correct Wage Order, click here. Thus, California employers must comply with all provisions of the California Labor Code, but also must determine which Wage Order applies to their business, and then comply with it as well. For example, the wage and hour rules applicable to the manufacturing industry (Wage Order #1) are different from those applicable to the transportation industry (Wage Order #9). The IWC Wage Orders, which regulate wages, hours, and working conditions in particular industries, are a prime example of this. Not only are the laws in California different, but there are more of them. Industrial Welfare Commission (“IWC”) Wage Orders When it comes to paying and managing the working hours of your California-based employees, there are many common pitfalls to avoid. We have reviewed our content for bias and company-wide, we routinely meet with national experts to educate ourselves on better ways to deliver accessible content.įor 15 years our company has published content with clear steps to accomplish the how, with high quality sourcing to answer the why, and with original formats to make the internet a helpful place.The field of labor and employment law is constantly in flux, and nowhere more than in California. Our commitment is to provide clear, original, and accurate information in accessible formats. We are incredibly worried about the state of general information available on the internet and strongly believe our mission is to give voice to unsung experts leading their respective fields. Our content experts ensure our topics are complete and clearly demonstrate a depth of knowledge beyond the rote. We perform original research, solicit expert feedback, and review new content to ensure it meets our quality pledge: helpful content – Trusted, Vetted, Expert-Reviewed and Edited. We write helpful content to answer your questions from our expert network. Reviewed by Michelle Seidel, B.Sc., LL.B./JD, MBA
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