California Labor Laws 2021
Labor laws for the year 2021 in California are a topic of great interest. All the changes that have been made to the labor market, federal policies and the economy in general have a large impact on this area. In this article, we provide detailed information about which laws may take effect this year and next.
California Labor Laws 2021
If you live or work in California, you will be able to benefit from California 2021 labor laws and the rights they bring to you as a worker. Workers are entitled to numerous benefits and protections under California labor law and can recover large penalties if employers violate these rights.
Employers also cannot force you to give up your California labor law rights and protections. A recent amendment to the California labor code says that an employment contract cannot force a worker to accept the labor laws of another state. Employers sometimes slip a “choice of law” provision into their contracts that says the employment laws of the employer’s home state will govern the employment relationship, but the state of California considers these contract provisions invalid.
Summary of California Labor Law 2021
- Minimum wage: $ 14 per hour.
- Work outside the clock: California workers cannot be forced to work after hours.
- Overtime (time and a half): overtime must be paid outside of business hours when it is more than eight (8) hours per day.
- Overtime (double time): overtime must be paid outside of business hours when it is more than twelve (12) hours per day.
- Checks law: they must be paid every two (2) weeks and no later than ten (10) days after the day of payment.
- Vacation Law: Employees can choose to offer paid time off (PTO), but it is not required. If offered, unused vacation days must be charged when the employee leaves.
- Misclassification damages / penalties: Up to $ 25,000 for each misclassified worker, minimum wage deficit, overtime, and business expense reimbursement.
- Expense Reimbursement Act – Employers must reimburse all expenses incurred that were necessary to perform job duties.
What are the differences between California labor law and federal labor law?
There are California labor laws that are considered the best for workers. State employees have greater protection under federal law, but minimum wage and overtime law still exists in some industries.
The differences between the two systems vary depending on what you do or how your contract was drafted. For example: if you have a managerial position, you could be exempted from many labor laws because it is a special labor law. Federal labor laws apply to all employers that have four (4) (or more) employees at a site. They are also valid if you are in the field of maritime transport and the federal laws on minimum working hours, wages or other labor issues will govern your particular case.
At any time there is a conflict between local / state and national laws that could be resolved by federal law courts, meaning the case will face a larger judge or jury.
National Labor Law on Overtime and Travel Compensation: If you have four (4) (or more) employees, you must be paid for overtime outside of normal time and will be reimbursed for expenses necessary to perform your business functions within or outside the state of California .
Federal labor law is slightly different from state labor law because the government created requirements for federal laws to be followed at sites with four (4) (or more) employees in California.
Workers must stay up-to-date with any conflict or case related to their rights under said labor laws. In case you need legal advice or are presenting a complicated situation at work in which you believe that your rights are not being respected, do not hesitate to contact us at (909)319-7103 / 1 (800) 559-7170, visit us at 228 West C Street Ontario CA 91762 or contact us through the following form. Our legal team will be ready to help you resolve your situation.