California 4 Hour Minimum Pay – What You Need to Know

As we enter the brand-new year of 2023, employers in California are still required to pay a minimum of four hours of wages to employees who report to work, regardless of whether they are actually able to work for the full shift. This law, known as the “four-hour minimum pay” law, is intended to provide financial protection to California’s workers. Otherwise, they may lose wages due to circumstances outside of their control, such as equipment failure or a lack of available work.

What Is the Four-Hour Minimum Pay Law?

Under the four-hour minimum pay law, if an employee reports to work as clearly scheduled and is not provided with at least four hours of work, the employer must pay the employee for four hours at the employee’s regular rate of pay. This rule applies even if the employee is sent home early or is not given any work at all.

Exceptions

There are a few exceptions to the four-hour minimum pay law. If an employee is scheduled to work for less than four hours and the employee’s shift is canceled before they report to work, the employer is not required to pay the minimum four hours of wages. In addition, if an employee agrees to work a shift that is less than a total of four hours, the employer is not legally required to pay the minimum four hours of wages.

Employers in California must be aware of the four-hour minimum pay law and ensure that they are following the new regulations. Failure to pay the minimum four hours of wages to employees who report to work as scheduled can result in penalties and fines.

Other Employment Regulations

Employers should also be aware that the four-hour minimum pay law is in addition to other wage and hour requirements in California, such as the minimum wage and overtime pay rules. This means that if an employee works more than eight hours in a single day or 40 hours in a week, the employer must pay the employee overtime at a rate of one and a half times their typical rate of pay.

In addition to the four-hour minimum pay law, California also has other laws in place to protect the rights of employees. For example, employers cannot discriminate against employees based on:

• Race
• Religion
• National origin
• Gender
• Sexual orientation
• Age
• Disability

Employers are also required to provide appropriate accommodations for any workers with disabilities.

Legal Recourse If You Are Denied Your Employment Rights

If you are an employee in California and believe that your employer is not complying with the four-hour minimum pay law, or any other employment laws, you may have legal options available to you. You may be able to file an official legal complaint with the California Department of Fair Employment and Housing (DFEH) or file a claim against your employer. Speak with an experienced employment law attorney when you are ready to discuss your options and determine the best course of action for your employment concern.

FAQs

Q: What will the minimum wage be in 2023 in California?

A: Starting in 2023, the new minimum wage for employers in California will be $15.50 per hour. This rate applies to employers with 26 or more employees. Employers with 25 or fewer employees will be required to pay a minimum wage of $14.00 per hour. The minimum wage is designed to protect employees from being paid below a fair wage. It is intended to ensure that they can at least earn a livable wage that does not deny them basic needs, such as food, housing, and clothing. Additionally, employers must also pay the four-hour minimum pay law for any employee who reports to work and is not provided with at least four hours of work. The four-hour minimum pay rate is the same as the regular minimum wage rate, regardless of business size.

Q: What is considered an undue hardship for employers in California?

A: An undue hardship is a legal concept that requires employers to balance the cost or difficulty of providing a reasonable accommodation to an employee against the benefits that the accommodation would provide. Generally, a hardship is considered “undue” if it would cause significant difficulty or expense to the employer. Examples of undue hardships may include costs that are too high in relation to the size of the business. It will also apply if the accommodations would require the employer to make unreasonable changes in the way work is usually done. Ultimately, whether an accommodation is considered an undue hardship will depend on the specific circumstances of each case.

Q: Are tips considered wages in California?

A: No, tips are not considered wages under California law. Tips are payments that an employee receives from a customer in recognition of the services provided by the employee and are the property of the employee. Any tips that employees earn must be reported to their employer, but employers are not allowed to take a portion of the tips or use them to offset the minimum wage. Employers must also pay employees at least the state minimum wage, in addition to any tips they receive.

Q: Are there any other wage and hour requirements in California besides the four-hour minimum pay law?

A: Yes, employers must comply with several other wage and hour requirements in California. These include:

• The minimum wage
• Overtime pay rules
• Meal and rest break requirements
• Laws that protect employees from discrimination and retaliation

In addition, employers must also keep accurate records of all hours worked by employees and provide certain notices to employees regarding their rights and wages. Employers need to remain informed about all these laws to ensure compliance and avoid penalties.

Contact the Law Offices of Corbett H. Williams Today

If you have questions about the four-hour minimum pay law, or any other employment laws in California, the experienced attorneys at the Law Offices of Corbett H. Williams can help. We understand the complex laws and regulations surrounding wage and hour issues, and we have the expertise to ensure that your rights are protected. We believe in a fair, just workplace for all. Let us help you fight for the wages you deserve. Contact us today to set up a consultation and learn more about your legal options