California Fair Labor Standards Act (FLSA): What you need to know The Fair Labor Standards Act (FLSA) is a federal law governing overtime, minimum wage, and child labor. There essentially two different sets of wage and hour laws applicable to California employers: the Federal Fair Labor Standards Act (commonly known as the “FLSA,” and sometimes pronounced “flis-a”) and the California Labor Code. § 203 (FLSA) is a United States labor law that creates the right to a minimum wage, and "time-and-a-half" overtime pay when people work over forty hours a week. There are a variety of similarities and differences between these two laws. It applies in every state, but the states are free to pass laws that are more generous to employees and to regulate the rare cases in which federal law does not apply. The Department of Fair Employment and Housing is the state agency charged with enforcing California’s civil rights laws. Under the Fair Labor Standards Act, employees are only entitled to overtime pay when they work more than 40 hours in a workweek. Does the Federal Fair Labor Standards Act (FLSA) Apply to a Tribe’s Business? (To see state minimum wage rates click here).Employees under the age of 20 may be paid not less than $4.25 per hour for the first ninety (90) consecutive calendar days of employment. To answer this question we will review on-call conditions and the Fair Labor Standards Act (FLSA) that governs the rules of on-call time. The Federal Fair Labor Standards Act (commonly known as the “FLSA,” and sometimes pronounced “flis-a”) and the California Labor Code. California Equal Pay Act (Labor Code section 1197.5) and Labor Code section 432.3 California Equal Pay Act: Frequently Asked Questions 1. The Fair Labor Standards Act (FLSA) is a United States Federal law that was enacted in 1938. The Fair Labor Standards Act of 1938 29 U.S.C. Non-exempt Employees. Under the Fair Labor Standards Act, restaurants are now permitted to share servers’ gratuities with cooks and other back-of-house employees. There are a variety of similarities and differences between these two laws. A federal law, called the Fair Labor Standards Act, generally allows companies to avoid compensating employees for time spent on duties the law describes as trivial or too difficult to track. It protects workers by setting standards for minimum wage, overtime pay, recordkeeping, and youth labor. Maybe. On-call conditions. The mission of the DFEH is to protect the people of California from unlawful discrimination in employment, housing, businesses, and state-funded programs, and from bias-motivated violence and human trafficking. If you were to Google that question, you’ll see a 9th Circuit Court of Appeals case from 2009 (Solis v. Matheson) flood your screen with various degrees of interpretation of the opinion. Is the California Equal Pay Act new? For non-exempt employees, the Fair Labor Standards Act sets minimum wage rates and overtime requirements. The overarching distinction is that California wage and hour law trumps Federal law when California’s laws are more protective. Fair Labor Standards Act vs. California Labor Code. Currently, the standard federal minimum wage is $7.25 per hour. The federal Fair Labor Standards Act (FLSA) includes provisions defining minimum wage and permissible subminimum wage levels, maximum hours of work and overtime pay, restrictions on employment of minors and categories of exempt employees. No, for decades now, the California Equal Pay Act has prohibited an employer from paying its employees less than employees of the opposite sex for equal work. When an employee is on-call they are waiting to be called upon by their employer or supervisor to perform a … It also prohibits employment of minors in "oppressive child labor". 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