What do California labor laws change in the schedule and the pay?
California counts overtime by the workday. Under Labor Code § 510, work past 8 hours in a workday or 40 in a workweek is paid at least 1.5 times the regular rate. Work past 12 hours in a day is paid at least twice the regular rate2.
A work period over 5 hours needs a meal period of at least 30 minutes7. A missed meal period costs 1 extra hour of pay at the regular rate for that workday, and a missed rest period a separate hour8910.
On January 1, 2027, the state minimum wage goes from $16.90 to $17.40 an hour41. That day § 226.7(f), the on-call rest rule for union security officers, ends; the rest of § 226.7 continues356.
This text does not constitute legal advice. Obligations vary by establishment and change over time. Confirm yours with the California Labor Commissioner's Office, the labor standards office of your city or a qualified advisor.
Which dates change the rules?
- State minimum wage: $16.90
For employers not covered by a higher minimum wage for their industry or their city114.
- Health care minimum wage steps up
$25 an hour at hospital systems with 10,000 or more full-time employees and at dialysis clinics, $23 at other covered facilities not run by a county, $22 at community and rural clinics, and $19.28 at safety net hospitals1213141516. Facilities run by a county have their own rates, in the table below17.
- $17.40, and the security-officer rest rule ends
The state minimum wage goes to $17.401. The current text of § 226.7 is repealed and replaced by a version without subdivision (f), the security-officer rule36. That version keeps the extra hour of pay for a missed meal or rest period18. Several cities publish new rates for the same day; they are in the table below.
- Next health care steps
$19.95 at safety net hospitals and at facilities run by small counties, and $25 at community and rural clinics192021.
Past or upcoming as of November 12, 2026.
What changes in the week in California?
When you build the schedule
A workday is any 24-hour period starting at the same time each calendar day, and a workweek is any 7 consecutive days starting on the same day each week22. § 510 counts overtime in those two periods2.
Without an alternative workweek schedule or a qualifying union agreement, 10 hours of work in a workday carry 2 hours at time and a half223.
The first 8 hours on the seventh day of work in a workweek are paid at 1.5 times the regular rate, and hours past 8 that day at twice the regular rate2. Separately, § 552 says: “No employer of labor shall cause his employees to work more than six days in seven”24.
A split shift is a schedule interrupted by unpaid, non-working periods the employer sets, other than bona fide rest or meal periods25. For each such workday, Order 4-2001 requires 1 hour's pay at the minimum wage “in addition to the minimum wage for that workday”, except when the employee resides at the place of employment26.
When people clock in and take breaks
A work period of more than 5 hours needs a meal period of at least 30 minutes, and more than 10 hours a second one7. The first can be waived by mutual consent when the day is no more than 6 hours, and the second when it is no more than 12 hours and the first was not waived7. The Labor Commissioner's guidance places the first no later than the end of the fifth hour of work, and the second no later than the end of the tenth27.
The wage orders, Order 4-2001 among them, authorize rest periods at 10 minutes net per 4 hours worked or major fraction, in the middle of each work period where practicable28. They count as hours worked29. The Labor Commissioner's guidance says none is required when total daily work time is less than three and one-half hours30.
Each workday a meal period is not provided, the employer pays 1 additional hour at the employee's regular rate810. Each workday a rest period is not provided, it pays a separate hour9.
When a shift is cut short
When someone calls in sick
Under state law, an employee who works in California for the same employer for 30 or more days within a year from starting is entitled to paid sick leave32. It accrues at no less than 1 hour per 30 hours worked33, and can be used from the 90th day of employment34.
§ 246(d) lets the employer limit use to “40 hours or five days in each year of employment, calendar year, or 12-month period”35. The Labor Commissioner reads that as at least five days or 40 hours, “whichever is more”: on 10-hour days, at least 50 hours36. On 12-hour shifts, five days come to 60 hours.
§ 246(j) lets the employer cap total accrual at 80 hours or 10 days37, which the Labor Commissioner also reads as “10 days or 80 hours, whichever is more”38.
Some cities have their own sick leave rules. Where an employee is covered by both, the Labor Commissioner says the employer must in general comply with both and provide “the provision or benefit that is most generous to the employee”. On a few topics, among them how paid sick leave is calculated and what the pay stub shows, state law prevails39.
In Los Angeles, the Office of Wage Standards says an employee “is entitled to take up to 48 hours of sick leave annually”, and that accrued, unused leave may be capped at 72 hours40.
In Santa Monica, the City says its law “requires 40 hours for small businesses (businesses with 25 or fewer employees in Santa Monica), and 72 hours for larger businesses (businesses with 26 or more employees in Santa Monica)”, accrued at one hour for every 30 hours worked41.
In payroll
The state minimum wage is $16.90 an hour in 2026 and $17.40 from January 1, 2027, for employers not covered by a higher industry or local minimum wage4111. Each year the Director of Finance calculates the adjustment, capped at 3.5 percent, and it takes effect the following January 142.
Where a city or county has adopted a higher minimum wage, the Labor Commissioner says employees must be paid the local wage43.
Fast food restaurants have their own minimum wage. Labor Code § 1474 covers limited-service restaurants in the state that are part of a national fast food chain, one of “more than 60 establishments nationally”, except as subdivisions (i) to (k) of the same section provide44. § 1475 set the wage at $20 an hour from April 1, 2024, and lets the Fast Food Council set new rates each year from January 1, 202545. The Labor Commissioner's guidance still says covered employees “must be paid at least $20.00 per hour”46.
Covered health care facilities have their own rates too, in the health care section below11.
With a union agreement
§§ 510 and 511 do not apply under a valid collective bargaining agreement that meets § 51447. Among its terms: premium rates for all overtime hours, and a regular rate at least 30 percent above the state minimum wage47.
The paid sick leave article also excludes employees under some union agreements, subject to § 246.5(d)48. The agreement must provide, among other terms, paid sick days, binding arbitration and a regular rate at least 30 percent above the state minimum wage48.
Watch for
- Alternative workweek schedules. On the employer's proposal, employees in a readily identifiable work unit can adopt a regular schedule of up to 10 hours a day within a 40-hour workweek, without overtime pay for those scheduled hours49. It takes a secret ballot with at least two-thirds of the affected employees49. On a schedule adopted under § 511, work beyond the scheduled hours or past 40 in a week is still paid at 1.5 times the regular rate, and work past 12 hours in a day, or past 8 on a day beyond the scheduled workdays, is paid at twice the regular rate50.
- Short weeks. § 556 says the six-days-in-seven rule does not apply when total hours do not exceed 30 in any week or 6 in any one day51. The California Supreme Court held that the six-hour part covers only employees who “never exceed six hours of work on any day of the workweek”52.
- Emergencies and accumulated rest. §§ 551 and 552 do not apply in emergencies53. Days of rest can accumulate when the work reasonably requires 7 or more consecutive days, if each calendar month gives the equivalent of one day's rest in seven53.
- Reporting time pay exceptions. It does not apply when operations cannot start or continue because of threats to employees or property, or when civil authorities recommend it54. Nor when public utilities fail, or an Act of God or other cause not within the employer's control interrupts work54.
- On-duty meal periods. The Labor Commissioner's guidance allows one only when the nature of the work prevents relief from all duty55. It also takes a written agreement that the employee can revoke in writing at any time55.
What changes for security, health care and warehouses?
Security officers
Registered security officers employed by a registered private patrol operator are exempt from the meal-period rules in § 512(a) and (b) under a qualifying union agreement56. The agreement must provide meal periods, binding arbitration of meal disputes, overtime premiums and a regular rate at least 30 percent above the state minimum wage56.
Until January 1, 2027, § 226.7(f) lets those officers be required to stay on the premises and on call during rest periods53. It applies only under a union agreement that provides rest periods, binding arbitration, overtime premiums and a regular rate at least $1 above the state minimum wage5. An interrupted rest period restarts as soon as practicable5.
On January 1, 2027, the current text of § 226.7 is repealed and replaced by a version without subdivision (f)36. That version keeps the extra hour of pay for a missed meal or rest period18. Neither text says how a union agreement written around subdivision (f) applies after that date. Confirm it with your counsel.
Health care facilities
Covered health care facilities pay their own minimum wage, set by type of facility. It covers workers who provide or support health care, including “janitorial work, housekeeping; groundskeeping; guard duties” and scheduling57. A contractor's workers are covered when, among the other conditions, the facility acts as a joint employer or they spend more than 50% of a workweek there58.
| Type of facility | Rate | In force since | Next step |
|---|---|---|---|
| Hospital or health system with 10,000 or more full-time employees | $2512 | July 1, 2026 | Adjusted for inflation each year from January 1, 2028 |
| Dialysis clinics | $2513 | July 1, 2026 | Adjusted for inflation each year from January 1, 2028 |
| Run by a county of more than five million people | $2559 | July 1, 2026 | Adjusted for inflation each year from January 1, 2028 |
| All other covered facilities not run by a county | $2314 | July 1, 2026 | $25 from July 1, 202860 |
| Run by a county of 250,000 to five million people | $2317 | July 1, 2026 | $25 from July 1, 202861 |
| Community, intermittent and rural health clinics | $2215 | July 1, 2026 | $25 from July 1, 202721 |
| Safety net hospitals | $19.2816 | July 1, 2026 | $19.95 from July 1, 202719 |
| Run by a county of less than 250,000 people | $19.2862 | July 1, 2026 | $19.95 from July 1, 202720 |
“Adjusted for inflation each year” is the schedule's own wording; it gives no amount for those adjustments12.
Under Order 4-2001, employees in the health care industry who work shifts of more than 8 total hours in a workday may voluntarily waive one of their two meal periods. The waiver must be in a written agreement voluntarily signed by both the employee and the employer, and the employee may revoke it at any time with at least one day's written notice. While it is in effect, the employee is fully compensated for all working time, including any on-the-job meal period63.
Warehouses
Employers with 100 or more employees at one warehouse distribution center, or 1,000 or more at centers across the state, must give each employee a written description of each quota6465. No quota may prevent meal or rest periods, bathroom use including reasonable travel time, or compliance with health and safety laws66.
Which California cities add their own scheduling rules?
This page covers six local laws that change how a schedule is built in California. Each covers only the employers its ordinance names.
Los Angeles
Retail employers with 300 or more employees globally67 post schedules at least 14 calendar days before the work period68. Before hiring, they give current employees 72 hours' written notice of extra hours, when the employees are qualified and the hours would not mean overtime69. A closing shift followed by an opening shift the next workday needs the employee's written consent, and when the second shift starts less than 10 hours after the first ends, that shift is paid at time and a half70.
Los Angeles Fair Work Week Ordinance: the full rule
Los Angeles County, unincorporated areas
Retail businesses with 300 or more employees worldwide owe predictable schedules, advance notice, rest between shifts and predictability pay to employees in unincorporated areas71. Schedules go out at least 14 days before the work period72. A shift that starts less than 10 hours after the last one needs written consent and a premium of time and a half “for each hour of the second Shift not separated by at least ten (10) hours”73.
Los Angeles County Fair Workweek Ordinance: the full rule
San Francisco
The ordinances cover formula retail establishments with at least 40 retail sales establishments worldwide and 20 or more employees in San Francisco7475. They give two weeks' notice of schedules, and predictability pay when a schedule changes with less than 1 week's notice76. The city says “these requirements apply to janitorial and security contractors at covered Formula Retail Establishments”77.
San Francisco Formula Retail Employee Rights Ordinances: the full rule
Berkeley
The ordinance covers employers with 10 or more employees in Berkeley that are in building services, health care, hotels, manufacturing, retail or warehouse services and have 56 or more employees globally78. Restaurants are covered from 100 globally78. They give at least 14 days' notice of schedules79. Hours less than 11 hours after a shift can be declined, and if agreed in writing are paid at 1.5 times the regular rate80.
Berkeley Fair Workweek Ordinance: the full rule
Emeryville
The ordinance covers retail firms with 56 or more employees globally, and fast food firms with 56 or more globally and 20 or more in Emeryville81. They give at least two weeks' advance notice of schedules82. Hours between shifts separated by less than 11 hours are paid at time and a half83.
Emeryville Fair Workweek Ordinance: the full rule
San José
Employers with 36 or more employees must offer additional hours to qualified part-time employees before hiring, including through subcontractors or temporary staffing84. It applies to employers subject to the San José business license tax or with a facility in the city84.
Which California cities and counties set a higher minimum wage?
Where a local rate is higher than the state's, employees must be paid the local wage43. The table shows each city's or county's general minimum wage; hotel-worker rates set by the same city are noted in its row.
| City or county | Rate | In force since | Next published rate | Source |
|---|---|---|---|---|
| Alameda | $17.7685 | July 1, 2026 | — | Official page |
| Belmont | $18.9586 | January 1, 2026 | $19.60 from January 1, 202787 | Official page |
| Berkeleyalso has a scheduling law, above | $19.6188 | July 1, 2026 | — | Official page |
| Burlingame | $17.8689 | January 1, 2026 | $18.47 from January 1, 202790 | Official page |
| County of Los Angeles (unincorporated)also has a scheduling law, above | $18.4791 | July 1, 2026 | — | Official page |
| County of San Mateo (unincorporated) | $17.9592 | January 1, 2026 | $18.58 from January 1, 202793 | Official page |
| Cupertino | $18.7094 | January 1, 2026 | $19.25 from January 1, 202795 | Official page |
| Daly City | $17.5096 | January 1, 2026 | $18.10 from January 1, 202797 | Official page |
| East Palo Alto | $17.9098 | January 1, 2026 | — | Official page |
| El Cerrito | $18.8299 | 2026 | $19.36 from January 1, 2027100 | Official page |
| Emeryvillealso has a scheduling law, above | $20.34101 | July 1, 2026 | — | Official page |
| Foster City | $17.85102 | January 1, 2026 | $18.36 from January 1, 2027103 | Official page |
| Fremont | $18.05104 | July 1, 2026 | — | Official page |
| Half Moon Bay | $17.91105 | January 1, 2026 | $18.52 from January 1, 2027106 | Official page |
| Haywardlarge businesses, 26 or more employees | $17.79107 | January 1, 2026 | $18.39 from January 1, 2027108 | Official page |
| Los Angelesgeneral rate; hotel workers have their own rate, in the City's hotel wage chart; also has a scheduling law, above110 | $18.42109 | July 1, 2026 | — | Official page |
| Malibu | $17.91111 | July 1, 2026 | — | Official page |
| Menlo Parkthe city's page lists its 2027 rate as pending City Council approval113 | $17.55112 | January 1, 2026 | — | Official page |
| Milpitas | $18.50114 | July 1, 2026 | — | Official page |
| Mountain View | $19.70115 | January 1, 2026 | $20.25 from January 1, 2027116 | Official page |
| Novatolarge businesses, 26-99 employees | $17.46117 | January 1, 2026 | $17.97 from January 1, 2027118 | Official page |
| Novatovery large businesses, 100 or more employees | $17.73119 | January 1, 2026 | $18.25 from January 1, 2027120 | Official page |
| Oaklandgeneral rate; hotel workers: $18.85 with health benefits, $25.14 without, from January 1, 2026122 | $17.34121 | January 1, 2026 | — | Official page |
| Palo Alto | $18.70123 | January 1, 2026 | $19.25 from January 1, 2027124 | Official page |
| Pasadena | $18.57125 | July 1, 2026 | — | Official page |
| Petaluma | $18.31126 | 2026 | $18.93 in 2027127 | Official page |
| Redwood City | $18.65128 | January 1, 2026 | $19.30 from January 1, 2027129 | Official page |
| Richmond | $19.18130 | January 1, 2026 | $19.61 from January 1, 2027131 | Official page |
| San Carlos | $17.75132 | 2026 | — | Official page |
| San Diego | $17.75133 | January 1, 2026 | $18.35 from January 1, 2027134 | Official page |
| San Franciscoalso has a scheduling law, above | $19.61135 | July 1, 2026 | — | Official page |
| San Joséalso has a scheduling law, above | $18.45136 | January 1, 2026 | $19.00 from January 1, 2027137 | Official page |
| San Mateo | $18.60138 | January 1, 2026 | $19.25 from January 1, 2027139 | Official page |
| Santa Clara | $18.70140 | 2026 | $19.25 from January 1, 2027141 | Official page |
| Santa Monicageneral rate; hotel workers: $25.00 from July 1, 2026143 | $18.47142 | July 1, 2026 | — | Official page |
| Santa Rosa | $18.21144 | January 1, 2026 | $18.83 from January 1, 2027145 | Official page |
| Sonomalarge employers, 26 or more employees | $18.47146 | January 1, 2026 | — | Official page |
| Sonomasmall employers, 25 or fewer employees | $17.38147 | January 1, 2026 | — | Official page |
| South San Francisco | $18.15148 | 2026 | $18.75 from January 1, 2027149 | Official page |
| Sunnyvale | $19.50150 | January 1, 2026 | $20.05 from January 1, 2027151 | Official page |
| West Hollywoodnon-hotel employees; hotel employees: $20.87 from July 1, 2026154 | $20.25152 | January 1, 2026 | $20.94 from January 1, 2027153 | Official page |
What does an employer have to be able to show?
California's rules are shown with time and pay records. For each person and each period, that means:
- When each work period began and ended, the meal periods, the split-shift intervals and the total hours each day. Authorized rest periods need not be recorded155.
- Payroll records of the hours worked daily and the wages paid, kept for at least 3 years156.
- A copy of each itemized wage statement, kept for at least 3 years157.
- The hours worked and the paid sick days accrued and used, kept for at least 3 years158.
If an employer does not keep adequate sick leave records, the law presumes the employee is entitled to the maximum hours accruable, unless the employer shows otherwise by clear and convincing evidence158.
What does the law leave open?
Union security officers' rest periods after January 1, 2027. Until that day, § 226.7(f) lets registered security officers under a qualifying union agreement be kept on call during rest periods53. Its paragraph (5) states the Legislature's intent “to abrogate, for the security services industry only,” the Augustus decision “to the extent that decision is in conflict with this subdivision”159. The Labor Commissioner's rest-period guidance gives the general rule: “the court in Augustus also held that on-call rest periods are prohibited”160. The version of § 226.7 operative on January 1, 2027 has no subdivision for security officers6. Neither text says how a union agreement written around subdivision (f) applies after that date. Confirm it with your counsel.
Which wage order covers each job. The Industrial Welfare Commission's orders go by industry and occupation, and the minimum wage notice says “PLEASE POST NEXT TO YOUR IWC INDUSTRY OR OCCUPATION ORDER”161. The rest-period, split-shift, reporting-time and record rules on this page are quoted from Order 4-200128. Which order covers each of your job classifications is a question for your counsel.
City and state on the same shift. When minimum wage rules conflict, the Labor Commissioner's minimum wage guidance says the employer must follow “the stricter standard; that is, the one that is the most beneficial to the employee”162. How city and state scheduling rules combine on a given shift is a comparison to confirm with your counsel.
Split shifts paid above the minimum wage. Order 4-2001 states the split-shift hour against the minimum wage: “one (1) hour’s pay at the minimum wage shall be paid in addition to the minimum wage for that workday”26. The order does not say how that applies when an employee's pay for the day is already above the minimum. Confirm it with your counsel.
What does the law say exactly?
Eight hours of labor constitutes a day’s work. Any work in excess of eight hours in one workday and any work in excess of 40 hours in any one workweek and the first eight hours worked on the seventh day of work in any one workweek shall be compensated at the rate of no less than one and one-half times the regular rate of pay for an employee. Any work in excess of 12 hours in one day shall be compensated at the rate of no less than twice the regular rate of pay for an employee. In addition, any work in excess of eight hours on any seventh day of a workweek shall be compensated at the rate of no less than twice the regular rate of pay of an employee.
Labor Code § 226.7(f) security officers' rest periods, until 2027
(f) (1) An employee employed in the security services industry as a security officer who is registered pursuant to the Private Security Services Act (Chapter 11.5 (commencing with Section 7580) of Division 3 of the Business and Professions Code) and who is employed by a private patrol operator registered pursuant to that chapter, may be required to remain on the premises during rest periods and to remain on call, and carry and monitor a communication device during rest periods. If a security officer’s rest period is interrupted, the security officer shall be permitted to restart the rest period anew as soon as practicable. The security officer’s employer satisfies that rest period obligation if the security officer is then able to take an uninterrupted rest period. If on any workday a security officer is not permitted to take an uninterrupted rest period of at least 10 minutes for every four hours worked or major fraction thereof, then the security officer shall be paid one additional hour of pay at the employee’s regular base hourly rate of compensation. […] (3) This subdivision only applies to an employee specified in paragraph (1) if both of the following conditions are satisfied: (A) The employee is covered by a valid collective bargaining agreement. (B) The valid collective bargaining agreement expressly provides for the wages, hours of work, and working conditions of employees, and expressly provides for rest periods for those employees, final and binding arbitration of disputes concerning application of its rest period provisions, premium wage rates for all overtime hours worked, and a regular hourly rate of pay of not less than one dollar more than the state minimum wage rate.
Labor Code § 226.7(f)(5) the Legislature's intent on Augustus
(5) In enacting the legislation adding this subdivision, it is the intent of the Legislature to abrogate, for the security services industry only, the California Supreme Court’s decision in Augustus v. ABM Security Services, Inc. (2016) 2 Cal.5th 257, to the extent that decision is in conflict with this subdivision.
Labor Code § 226.7(g) when the current text ends
(g) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.
Labor Code § 226.7, version operative January 1, 2027 its last two subdivisions
(e) This section shall not apply to an employee who is exempt from meal or rest or recovery period requirements pursuant to other state laws, including, but not limited to, a statute or regulation, standard, or order of the Industrial Welfare Commission. (f) This section shall be operative on January 1, 2027.
Labor Code § 226.7(c), version operative January 1, 2027 the extra hour of pay continues
(c) If an employer fails to provide an employee a meal or rest or recovery period in accordance with a state law, including, but not limited to, an applicable statute or applicable regulation, standard, or order of the Industrial Welfare Commission, the Occupational Safety and Health Standards Board, or the Division of Occupational Safety and Health, the employer shall pay the employee one additional hour of pay at the employee’s regular rate of compensation for each workday that the meal or rest or recovery period is not provided.
Labor Code § 512(a) meal periods
An employer shall not employ an employee for a work period of more than five hours per day without providing the employee with a meal period of not less than 30 minutes, except that if the total work period per day of the employee is no more than six hours, the meal period may be waived by mutual consent of both the employer and employee. An employer shall not employ an employee for a work period of more than 10 hours per day without providing the employee with a second meal period of not less than 30 minutes, except that if the total hours worked is no more than 12 hours, the second meal period may be waived by mutual consent of the employer and the employee only if the first meal period was not waived.
Labor Code § 512(e) and (f)(3) the union exemption for security officers
(e) Subdivisions (a) and (b) do not apply to an employee specified in subdivision (f) if both of the following conditions are satisfied: (1) The employee is covered by a valid collective bargaining agreement. (2) The valid collective bargaining agreement expressly provides for the wages, hours of work, and working conditions of employees, and expressly provides for meal periods for those employees, final and binding arbitration of disputes concerning application of its meal period provisions, premium wage rates for all overtime hours worked, and a regular hourly rate of pay of not less than 30 percent more than the state minimum wage rate. […] (3) An employee employed in the security services industry as a security officer who is registered pursuant to Chapter 11.5 (commencing with Section 7580) of Division 3 of the Business and Professions Code, and who is employed by a private patrol operator registered pursuant to that chapter.
Labor Code § 226.7(b) and (c) the extra hour of pay
(b) An employer shall not require an employee to work during a meal or rest or recovery period mandated pursuant to an applicable statute, or applicable regulation, standard, or order of the Industrial Welfare Commission, the Occupational Safety and Health Standards Board, or the Division of Occupational Safety and Health. (c) If an employer fails to provide an employee a meal or rest or recovery period in accordance with a state law, including, but not limited to, an applicable statute or applicable regulation, standard, or order of the Industrial Welfare Commission, the Occupational Safety and Health Standards Board, or the Division of Occupational Safety and Health, the employer shall pay the employee one additional hour of pay at the employee’s regular rate of compensation for each workday that the meal or rest or recovery period is not provided.
IWC Order 4-2001, § 11(B) the hour for a missed meal period
If an employer fails to provide an employee a meal period in accordance with the applicable provisions of this order, the employer shall pay the employee one (1) hour of pay at the employee’s regular rate of compensation for each workday that the meal period is not provided.
IWC Order 4-2001, § 12(B) the hour for a missed rest period
If an employer fails to provide an employee a rest period in accordance with the applicable provisions of this order, the employer shall pay the employee one (1) hour of pay at the employee’s regular rate of compensation for each workday that the rest period is not provided.
IWC Order 4-2001, § 12(A) rest periods
Every employer shall authorize and permit all employees to take rest periods, which insofar as practicable shall be in the middle of each work period. The authorized rest period time shall be based on the total hours worked daily at the rate of ten (10) minutes net rest time per four (4) hours or major fraction thereof.
IWC Order 4-2001, § 4(C) split shifts
When an employee works a split shift, one (1) hour’s pay at the minimum wage shall be paid in addition to the minimum wage for that workday, except when the employee resides at the place of employment.
IWC Order 4-2001, § 5(A) and (B) reporting time pay
Each workday an employee is required to report for work and does report, but is not put to work or is furnished less than half said employee’s usual or scheduled day’s work, the employee shall be paid for half the usual or scheduled day’s work, but in no event for less than two (2) hours nor more than four (4) hours, at the employee’s regular rate of pay, which shall not be less than the minimum wage. […] If an employee is required to report for work a second time in any one workday and is furnished less than two (2) hours of work on the second reporting, said employee shall be paid for two (2) hours at the employee’s regular rate of pay, which shall not be less than the minimum wage.
Labor Code § 552 six days in seven
No employer of labor shall cause his employees to work more than six days in seven.
Labor Code § 511(a) alternative workweeks
Upon the proposal of an employer, the employees of an employer may adopt a regularly scheduled alternative workweek that authorizes work by the affected employees for no longer than 10 hours per day within a 40-hour workweek without the payment to the affected employees of an overtime rate of compensation pursuant to this section. A proposal to adopt an alternative workweek schedule shall be deemed adopted only if it receives approval in a secret ballot election by at least two-thirds of affected employees in a readily identifiable work unit.
Labor Code § 511(b) overtime on an alternative workweek
(b) An affected employee working longer than eight hours but not more than 12 hours in a day pursuant to an alternative workweek schedule adopted pursuant to this section shall be paid an overtime rate of compensation of no less than one and one-half times the regular rate of pay of the employee for any work in excess of the regularly scheduled hours established by the alternative workweek agreement and for any work in excess of 40 hours per week. An overtime rate of compensation of no less than double the regular rate of pay of the employee shall be paid for any work in excess of 12 hours per day and for any work in excess of eight hours on those days worked beyond the regularly scheduled workdays established by the alternative workweek agreement.
Labor Code § 514 union agreements and overtime
Sections 510 and 511 do not apply to an employee covered by a valid collective bargaining agreement if the agreement expressly provides for the wages, hours of work, and working conditions of the employees, and if the agreement provides premium wage rates for all overtime hours worked and a regular hourly rate of pay for those employees of not less than 30 percent more than the state minimum wage.
Labor Code § 246(b)(1) sick leave accrual
(b) (1) An employee shall accrue paid sick days at the rate of not less than one hour per every 30 hours worked, beginning at the commencement of employment or the operative date of this article, whichever is later, subject to the use and accrual limitations set forth in this section.
Labor Code § 1174(d) payroll records
(d) Keep, at a central location in the state or at the plants or establishments at which employees are employed, payroll records showing the hours worked daily by and the wages paid to, and the number of piece-rate units earned by and any applicable piece rate paid to, employees employed at the respective plants or establishments. These records shall be kept in accordance with rules established for this purpose by the commission, but in any case shall be kept on file for not less than three years.
Labor Code § 2102 warehouse quotas and breaks
An employee shall not be required to meet a quota that prevents compliance with meal or rest periods, use of bathroom facilities, including reasonable travel time to and from bathroom facilities, or occupational health and safety laws in the Labor Code or division standards.
How does a system hold these rules?
California's rules land on the schedule, the timecard and payroll at the same time. This is how they come together in WorkAxle:
- Daily and weekly hours, consecutive days and rest between shifts are set up as rules, each with its start date.
- While the schedule is built, the platform flags each shift that breaks one of those rules and names the rule. The supervisor decides.
- Each clock-in and clock-out is recorded with its time, and at the close of the period hours come out classified by your rules, ready for your payroll system.
The supervisor keeps the last word.
What can you check this week?
- Take your most common shift patterns and mark every hour worked past 8 in a workday and past 12. Without an alternative workweek schedule or a qualifying union agreement, those are the daily overtime hours, at 1.5 times and twice the regular rate; weekly and seventh-day overtime come on top223.
- At each union security post, look at how rest periods are covered once § 226.7(f) ends on January 1, 202735.
- List your sites by city and check each against the table above and its city's own page.
- Pull three timecards and confirm they show when each work period began and ended, and the meal periods155.
- If you run warehouse distribution centers, with 100 or more employees at one center or 1,000 or more across your centers in the state, counting workers placed by staffing agencies, confirm each worker has a written description of each quota6465.
Sending it to finance, operations or your counsel? The link opens this page, and the printed brief carries the rules, the dates and the sources.
This text does not constitute legal advice. Obligations vary by establishment and change over time. Confirm yours with the California Labor Commissioner's Office, the labor standards office of your city or a qualified advisor.
Frequently asked questions
Does California pay overtime after 8 hours?
Yes. Under Labor Code § 510, work over 8 hours in one workday is paid at no less than 1.5 times the regular rate, and work over 12 hours in one day at no less than twice the regular rate2. The rule does not apply to an alternative workweek schedule adopted under § 511 or § 514, or one exempt under § 55423, nor, under § 514, to employees covered by a qualifying union agreement47. On an alternative workweek adopted under § 511, work beyond the scheduled hours or past 40 in a week is still paid at 1.5 times, and work past 12 hours in a day, or past 8 on a day beyond the scheduled workdays, at twice the regular rate50.
What is the California minimum wage in 2027?
$17.40 an hour from January 1, 2027, up from $16.90 in 202614. Fast food workers and certain health care workers have higher state minimum wages11. Where a city or county has a higher local rate, the Labor Commissioner says employees must be paid the local wage43.
How many breaks are required in an 8-hour shift in California?
One meal period of at least 30 minutes, because the work period is more than 5 hours7. Under the wage orders, such as Order 4-2001, rest periods are authorized at 10 minutes net per 4 hours worked or major fraction, which comes to 2 in an 8-hour day28. Rest time counts as hours worked29.
What happens if an employee misses a meal or rest break in California?
Under the wage orders, such as Order 4-2001, the employer pays 1 hour of pay at the employee's regular rate for each workday a meal period is not provided8, and a separate hour for each workday a rest period is not provided9. Labor Code § 226.7 also requires the extra hour10.
Can security guards be kept on call during rest breaks in California?
Until January 1, 2027, § 226.7(f) allows it for registered security officers of a registered private patrol operator under a qualifying union agreement5. That day the current text of § 226.7 is repealed and replaced by a version without subdivision (f)36. Neither text says how a union agreement written around subdivision (f) applies after that date; confirm it with your counsel.
What is reporting time pay in California?
Under the wage orders, such as Order 4-2001, when an employee reports for a scheduled shift and gets less than half of it, the employer pays half the scheduled day31. That is at least 2 hours and at most 4, at the regular rate31. It does not apply when operations cannot start or continue because of threats to employees or property, when public utilities fail, or when an Act of God or other cause not within the employer's control interrupts work54.
Does California have a predictive scheduling law?
Los Angeles, unincorporated Los Angeles County, San Francisco, Berkeley and Emeryville require schedules in advance, each for the employers its ordinance covers6872767982. San José requires offering hours to existing part-time employees before hiring84. Each has a section on this page.
https://www.workaxle.com/compliance-center/united-states/california