CA Wage and Hour Laws Flashcards

A non-exempt employee in California works the following schedule: Monday 9 hours, Tuesday 8 hours, Wednesday 10 hours, Thursday 8 hours, Friday 6 hours. For how many hours must the employer pay overtime at a rate of 1.5 times the regular rate of pay?

Answer: 3 hours

California requires daily overtime for non-exempt employees. Overtime is paid for any hours worked over 8 in a single workday. In this scenario, the employee worked 1 hour of overtime on Monday (9-8=1) and 2 hours of overtime on Wednesday (10-8=2), for a total of 3 overtime hours. Weekly overtime (over 40 hours) is also required, but daily overtime is calculated first and is more generous in this case.

An employee is scheduled for an 8-hour shift but is sent home after working only 3 hours due to a lack of work. According to California's reporting time pay rules, how many hours must the employer pay the employee?

Answer: 4 hours, which is half of the scheduled shift.

California's reporting time pay requires employers to pay an employee for half their scheduled shift, but no less than two hours and no more than four hours, if the employee is sent home before working at least half their shift. Since the employee was scheduled for 8 hours and only worked 3, they are entitled to pay for half their scheduled shift, which is 4 hours.

Which of the following is a requirement for a non-exempt employee to be provided with a second 30-minute, unpaid meal period in California?

Answer: The employee works more than 10 hours in a workday.

California law mandates that an employer must provide a second unpaid meal period of at least 30 minutes for employees who work more than 10 hours in a single workday. The second meal break must be provided no later than the end of the employee's 10th hour of work.

An employee resigns, providing only 24 hours' notice. Under California law, what is the deadline for the employer to provide the final paycheck?

Answer: Within 72 hours of the employee's notice of resignation.

If an employee quits with less than 72 hours' notice, the employer has 72 hours from the time of the notice to provide the final paycheck, which must include all earned wages and accrued, unused vacation time. If the employee had given at least 72 hours' notice, the final pay would be due on their last day.

To qualify for the administrative exemption in California, an employee must meet the salary basis test, the duties test, and what other critical requirement?

Answer: Customarily and regularly exercise discretion and independent judgment.

In addition to meeting the salary and duties tests, a key requirement for the administrative exemption is that the employee must customarily and regularly exercise discretion and independent judgment with respect to matters of significance. Job titles alone do not determine exempt status.

A non-exempt employee works 8 hours a day for 7 consecutive days in the same workweek. What overtime rate applies to the hours worked on the seventh day?

Answer: All 8 hours are paid at one and one-half times the regular rate of pay.

California law requires that for the first 8 hours worked on the seventh consecutive day of work in a workweek, a non-exempt employee must be paid at one and one-half times their regular rate of pay. Any hours worked beyond 8 on the seventh day must be paid at double the regular rate.