As an employer in the Golden State, it is crucial to have a clear understanding of the protections granted to employees by state law. California is known for its progressive stance on worker rights and its complex set of regulations facing employers. In this article, we will delve into the intricacies of unwaivable employment law rights, shedding light on these rights and how to navigate these regulations effectively. Whether you are a seasoned employer or just starting out, this overview covers which employment law right that cannot be negotiated.
1. Minimum wage
Labor Code Section 1194 provides a private right of action to enforce violations of minimum wage and overtime laws. The statute voids any agreement between an employer and employee to work for less than minimum wage.
2. Overtime
California employees cannot waive their rights to overtime. In Gentry v. Superior Court, the Supreme Court explained:
[Labor Code] Section 510 provides that nonexempt employees will be paid one and one-half their wages for hours worked in excess of eight per day and 40 per week and twice their wages for work in excess of 12 hours a day or eight hours on the seventh day of work. Section 1194 provides a private right of action to enforce violations of minimum wage and overtime laws.
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By its terms, the rights to the legal minimum wage and legal overtime compensation conferred by the statute are unwaivable. “Labor Code section 1194 confirms ‘a clear public policy . . . that is specifically...
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