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California minors' hours, split shifts, sick leave, final pay, vacation and records rules

HoursReady lists these California rules and does not calculate them: minors' hours; split shift premium; paid sick leave: 40 hours or 5 days a year; final pay when employment ends; earned vacation is paid at separation; vacation: no use-it-or-lose-it; accrual caps allowed; employee time and pay records.

Last checked . Not affiliated with the U.S. Department of Labor or any state agency.

Minors' hours (12 to 17)

School in session: 16 and 17 year olds at most 4 hours on a school day, 8 hours on a non-school day or a day before one, and 48 hours a week; 14 and 15 year olds at most 3 hours on a school day outside school hours, 8 on a non-school day, and 18 a week; 12 and 13 year olds only on school holidays and vacations. School not in session: 8 hours a day for all, 48 hours a week at 16 and 17 and 40 at 14 and 15. Hours of day: 16 and 17, 5 a.m. to 10 p.m. (12:30 a.m. before a non-school day); 14 and 15, 7 a.m. to 7 p.m. (9 p.m. from June 1 to Labor Day). A school day is a day of 240 minutes or more of required attendance. Not calculated.

Citation
Cal. Lab. Code 1391; Cal. Educ. Code 49111, 49112, 49116 (via the DLSE Minors Summary Charts)
Official source
www.dir.ca.gov
Last checked

Split shift premium (one hour at the minimum wage)

When a workday is split by unpaid, non-working periods the employer sets (other than bona fide meal or rest periods), one extra hour at the minimum wage is due for that workday, except for employees who live at the place of employment. Pay above the minimum wage counts toward the premium, so higher-paid employees may be due less or none. Not calculated.

Citation
IWC Order 4-2001, 2(Q), 4(C); DLSE Split Shift page
Official source
www.dir.ca.gov
Last checked

Paid sick leave: 40 hours or 5 days a year

Employees who work at least 30 days within a year in California for the same employer are covered. Under an accrual plan they earn at least 1 hour for every 30 hours worked; use may be limited to 40 hours or 5 days a year (whichever is more) and the accrued balance capped at 80 hours or 10 days. Under an up-front plan, new hires must have 24 hours or 3 days by the 120th calendar day and 40 hours or 5 days by the 200th. Sick leave may be used after a 90-day employment period. Unused sick leave is not paid out at separation unless the employer's policy says so; it is restored on rehire within 12 months. Not calculated.

Citation
Cal. Lab. Code 245 to 249 (via the DLSE Paid Sick Leave page)
Official source
www.dir.ca.gov
Last checked

Final pay when employment ends (including vacation)

A discharged employee is paid all wages, including accrued vacation, immediately at termination. An employee who gives at least 72 hours notice is paid at the time of quitting; one who quits without that notice within 72 hours. If an employer willfully fails to pay on time, a waiting time penalty of the daily rate for each day unpaid, up to 30 days, may apply. Not calculated.

Citation
Cal. Lab. Code 201, 202, 203, 227.3 (via the DLSE Paydays and Waiting Time Penalty FAQs)
Official source
www.dir.ca.gov
Last checked

Earned vacation is paid at separation

Paid vacation, where an employer offers it, is wages and vests as it is earned. When employment ends for any reason, all earned and unused vacation is paid at the final rate of pay (unless a collective bargaining agreement provides otherwise). The law does not require an employer to offer vacation. Not calculated.

Citation
Cal. Lab. Code 227.3 (via the DLSE Vacation FAQ)
Official source
www.dir.ca.gov
Last checked

Vacation: no use-it-or-lose-it; accrual caps allowed

A policy under which earned vacation not used by a set date is lost ("use it or lose it") is not valid in California. A cap that stops further accrual once a set balance is reached is allowed, as is a genuine waiting period at the start of employment during which no vacation is earned. Not calculated.

Citation
Cal. Lab. Code 227.3 (via the DLSE Vacation FAQ, Q1, Q4, Q5)
Official source
www.dir.ca.gov
Last checked

Employee time and pay records (three years)

Employers keep accurate records for each employee, including time records of when each work period begins and ends, meal periods, split shift intervals and total daily hours, total wages and hours each payroll period, and the birth date of minors. Records are kept for at least three years at the place of employment or a central location in California. Not calculated.

Citation
IWC Order 4-2001, 7(A), (C)
Official source
www.dir.ca.gov
Last checked

This page explains published rules. It is not legal advice. Exemption questions need a professional. Not affiliated with the U.S. Department of Labor or any state agency.

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