CE Smith Law Firm
Call for a free consultation: 888-780-4541
  • Home
  • About
  • Practice Areas
    • Defense Of Class Action Lawsuits
    • Legal Services Protecting Employers In California
    • Legal Consultations
    • Strategic Guidance For Employers
    • Employee Leave Policies
    • Employee Privacy Rights
    • Workplace Investigations
    • Defense Of Wage And Hour Claims
      • Wage And Hour Summaries
      • Catering Services Wages
      • Restaurants And Hotels
      • Parcel Delivery
      • Maintenance Services
      • Transportation Logistics
    • Employment Discrimination Defense
    • Employment Harassment Claims Defense
    • Unfair Labor Practices
      • Union Avoidance
    • Retaliation Claims Defense
    • Wrongful Termination Defense
    • Whistleblower Defense
  • Employer Defense Case Results
  • Podcast
  • Blog
  • Contact
  • Home
  • About
  • Practice Areas
    • Defense Of Class Action Lawsuits
    • Legal Services Protecting Employers In California
    • Legal Consultations
    • Strategic Guidance For Employers
    • Employee Leave Policies
    • Employee Privacy Rights
    • Workplace Investigations
    • Defense Of Wage And Hour Claims
      • Wage And Hour Summaries
      • Catering Services Wages
      • Restaurants And Hotels
      • Parcel Delivery
      • Maintenance Services
      • Transportation Logistics
    • Employment Discrimination Defense
    • Employment Harassment Claims Defense
    • Unfair Labor Practices
      • Union Avoidance
    • Retaliation Claims Defense
    • Wrongful Termination Defense
    • Whistleblower Defense
  • Employer Defense Case Results
  • Podcast
  • Blog
  • Contact
CE Smith Law Firm
Business - Minded, Results - Oriented Legal Services
  1. Home
  2.  | 
  3. Employer Defense
  4.  | 
  5. What does the FLSA mean for California employers?

What does the FLSA mean for California employers?

On Behalf of CE Smith Law Firm | Nov 15, 2022 | Employer Defense

Employers bear the responsibility of protecting the rights of their employees, which is why it is imperative to understand labor laws and the rights of workers. The Fair Labor Standards Act (FLSA) is a federal act that outlines the rights of employees in matters pertaining to overtime, minimum wage, child labor standards and more. Understanding the FLSA is important for any employer that hopes to prevent lawsuits and minimize the risk of financial loss.

In addition to outlining the rights of employees, the FLSA also establishes what actions count as working. For example, driving to work does not count as work, which means the wage and hour laws outlined in the FLSA would not apply for that time. The state of California also has laws that shield the interests of employees.

Who is an exempt employee?

The wage laws outlined in the FLSA are applicable to non-exempt employees, which are often those who work for hourly wages. Exempt employees are typically executives, lawyers, doctors, many types of professionals, entertainers, babysitters, professional drivers and those working in jobs that require an advanced degree. Exempt employees are not eligible for overtime pay, minimum wage, or other fair wage standards and protections provided by the FLSA to non-exempt employees.

In addition to the required minimum wage for non-exempt employees, employers must also pay overtime for any additional hours worked over the standard 40 hours per week. California state law expands on overtime pay rights and when such rights apply. For example, workers can qualify for overtime pay in California after working eight hours in a single shift or for any time worked on the seventh consecutive day within a single week.

Overtime pay should be one and a half times the regular hourly rate, but California has additional rules for overtime wages as well. Workers should receive twice their standard hourly pay when they work more than 12 hours in one shift or when they work more than eight hours on their seventh consecutive day of work.

Failure to pay an employee as required by overtime laws could result in complications for the employer. You will benefit from ensuring that all of your exempt employees are in the appropriate categories, as well as carefully tracking the hourly and overtime pay of each non-exempt employee.

Defending against a claim

Disputes regarding wage and hour practices at your California company can result in a legal claim that may cost your business a significant amount of time and resources. An appropriate defense against these claims is critical, as is the prevention of problems through a thorough understanding of how you can implement fair practices at every level of your operations.

 

Recent Posts

  • How can an employer challenge allegations of unpaid overtime?
  • How employers can navigate workplace romances in California
  • 3 steps for managing employees returning from leave in California
  • 3 things to do after receiving an unfair labor practice charge
  • How can employers manage CFRA or FEHA requests without liability?

Archives

Categories

RSS Feed

Subscribe To This Blog’s Feed

Protecting employers’ rights in California and nationally
Lawyers of Distinction 2023 | 5 Stars
CE Smith Law Firm


Address

1117 Village Dr
Oceanside, CA 92057


Phone

888-780-4541

Fax

760-754-5473

Do You Have A Legal Question?

Resolving legal problems can be disruptive to your business. Speak with an employment law attorney for the best results. Complete the form below for a prompt response.

© 2026 CE Smith Law Firm • All Rights Reserved

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw

Write A Review

 888-780-4541

 Email