Asian Journal- The Filipino-American Community Newspaper

IT’S another year, another chance to make things right. So here is a New Year’s resolution for employees: Resolve to be ever more vigilant about your rights in the workplace. Pay attention to the following basic issues:

Minimum wage – Effective January 1, 2008, the minimum wage in California is $8.00 per hour. California’s current minimum wage rate is higher than the federal minimum wage rate (which is only $7.25per hour). However, all employers in California who are subject to both state and federal laws must pay the state minimum wage rate unless their employees are exempt under California law. An employee may not agree to work for less than the minimum wage. The minimum wage is an employer obligation and cannot be waived by any agreement (not even by collective bargaining agreement).

Overtime – The actual overtime compensation is computed at 1.5 times the employee’s regular rate (often called "time and a half") and is multiplied by the number of hours in excess of 8 hours per day or 40 hours per week. If the overtime hours exceeds 12 hours per day or exceeds 8 hours on the seventh consecutive work day, overtime compensation is computed 2 times the regular rate (often called "double time"). For example, if an employee’s regular rate is $10 per hour, time and half would be $15 per hour, and double time would be $20 per hour. These premium overtime hourly rates will then be multiplied by the number of overtime hours during the pay period and must be paid to the employee no later than the next pay period after the overtime was incurred.

Meal Break and Rest Breaks – California law mandates that an employee must receive an uninterrupted 30-minute meal break for every 5 hours of work. ‘Uninterrupted’ means the employee must be relieved of all duty during the 30-minute meal break. If the employee is working while taking meals, the employee is still considered "on-the-job" and the 30 minutes is counted as time worked. Simply being able to eat is not enough. The employee should stop working for the 30-minute duration.

Rest breaks must be authorized in 10-minute duration for every 4 hours of work, or a major fraction of 4 hours. A rest break need not be authorized for employees whose total daily work time is less than three and one-half (3 ½) hours. Unlike the meal period, the time allotted for rest period is counted as minutes or hours worked.

The employee who is not provided the required meal and rest breaks is entitled to additional compensation equivalent to one hour’s pay. Arguably, if the employee missed both meal and rest breaks, the employee is entitled to an additional 2 hours’ pay. Working during a meal break schedule may also trigger an overtime issue.

Disability Discrimination – California law prohibits discrimination based on disability or medical condition. An employer may not refuse to hire, train, or promote an employee based on disability. An employer may not terminate an employee or discriminate against the employee in compensation or other conditions of employment based on the employee’s disability or medical condition. If a disabled employee is unable to perform his or her old duties, the employer must engage in a timely, good faith interactive process in response to the disabled employee’s request for reasonable accommodation. The employer must start the interactive process if the employee’s disability becomes known or obvious.