Federal & State Labor Laws (Page 1 of 2)	
Federal & State Labor Laws	
What labor laws cover California workers?
There are two sets of labor laws that cover California workers.  One set
 is from the federal government, and 
the other set is from our California state government.  Here is contact 
information for both:
 U.S. Department of Labor
 Wage and Hour Division
 Website:  www.dol.gov 
 Phone: 1-866-4-USA-DOL
 California State Department of Industrial Relations
 Division of Labor Standards Enforcement
 Website:  www.dir.ca.gov 
	See	website	for	phone	number	of	office	near	you.	
Are Federal labor laws and California labor law the same?
No.		Federal	labor	law	list	jobs	illegal	for	workers	under	18	years	of	age	because	jobs	are	considered	too	
dangerous (such as job of roofer).  But, California state labor law li
st jobs which are illegal for workers 
under	16	years	of	age,	but	does	not	list	any	illegal	jobs	for	workers	ages	16	and	up.		
Which labor laws do employers follow?  Which labor laws should I follow?
There	is	a	rule	that	helps	blend	these	two	sets	of	laws	into	one.		 The	rule	is	followed	by	both	Federal	and	
California state labor inspectors.  The rule is:  When two laws cover a situation, the stricter law (or law that 
gives	most	benefit	to	the	worker)	applies	to	work	situation.		Therefore,	employers	must	follow	stricter	of	
the	two	labor	laws.		When	Federal	or	California	labor	inspectors	review	teen	jobs,	they	follow	both	laws	by	
applying	California’s	labor	laws	for	workers	under	age	16	and	Federal	labor	laws	for	workers	under	age	18.
Another	example	is	work	permits	for	minors	(person	under	18	years	of	age).		Federal	laws	do	not	require	
work	permits	for	minors;	whereas,	California	labor	law	require	work	permits.		Employers	must	follow	the	
stricter	of	the	two	laws	and	get	work	permits	for	any	minors	that	are	hired.	
What are labor laws about breaks and meal periods?
Federal	labor	law	does	not	require	employers	give	breaks	or	meal	periods,	but	
California	labor	law	requires	employers	give	ten	minute	"net"	rest	period	for	four	
hours	or	major	fraction	thereof	(rest	period	required	for	work	shift	of	3	1/2	hours	
which	is	almost	four	hours).		 Word	"net"	means	that	time	walking	to	and	from	
break	area	is	not	counted.		Workers	may	not	abuse	this	rule	by	taking	extra	time	walking	to	break	area.
California	state	labor	law	require	a	meal	period	of	30	minutes	when	the	work	shift	is	5	hours	or	more.		
There	is	one	exception:	When	work	shift	is	5	or	6	hours	—	the	meal	period	may	be	waived	(not	taken)	if	
BOTH	worker	and	employer	agree	to	do	so	IN	 WRITING.		Meal	periods	are	to	be	scheduled	near	middle	
of	the	work	shift.		Meal	period	is	"off	the	clock"	and	unpaid	time	unless	worker	has	to	serve	customers	or	
do	work	during	meal	period	which	causes	the	meal	period	to	be	considered	"on	the	clock"	and	paid	time.		
Paid	meal	periods	are	legal	when	both	worker	and	employer	agree	to	paid	meal	periods	IN	 WRITING.

Permission to use with usworkworld.com subscription.	Federal & State Labor Laws (Page 2 of 2)	
QUICK CHECK:
Work Shift Length Minimum Breaks & Meals (employers may provide more)
3	1/2	hour	work	shift		One	10	minute	break
4	or	4	1/2	hour	work	shift		One	10	minute	break
5	or	5	1/2	hour	work	shift		One	meal	period	(or	one	10	minute	break	if	both	worker	and	
		 employer	agree	to	waive	meal	period)
6	hour	work	shift	(no	meal	period)		One	10	minute	break	if	workers	and
		 employer	agree	to	waive	meal	period
6	hour	work	shift	(with	meal	period)		One	10	minute	break	and	one	meal	period
6	1/2	hour	work	shift		One	10	minute	break	and	one	meal	period
7	hour	work	shift		One	10	minute	break	and	one	meal	period
7	1/2	or	8	hour	work	shift		Two	10	minute	breaks	and	one	meal	period		
What are labor laws about fringe benefits: holiday pay, sick days, and vacation days?
Neither	federal	or	state	labor	laws	require	employers	to	pay	higher	wages	on	holiday	worked	or	to	give	
workers	paid	sick	days	and	vacation	days.		 These	are	fringe	benefits	that	many	employers	offer	or	may	be	
required	by	union	contracts.		For	example,	grocery	stores	may	be	covered	by	union	contracts	and	required	
to	pay	its	workers	premiums	(higher	wages)	for	hours	worked	during	evenings	and	holidays.		Employers	
may	offer	fringe	benefits	without	union	contracts	to	attract	good	workers	who	will	stay,	learn,	and	improve.
When an employer does not follow a labor law, what can I do?
First,		make	sure	you	understand	what	labor	law	says	about	the	situation.		 Ask	the	Work	Experience	or	ROP 		
teacher	about	laws	or	call	the	federal	or	state	labor	offices.			Second,		once	you	know	what	labor		
law	says,	politely	explain	it	to	your	supervisor.		Employers	may	follow	labor	law	once	they	know	
that	you	know	the	law.			Third, 	if	an	employer	still	will	not	follow	labor	law,	ask	your	teacher	or		
parent	to	discuss	the	law	with	your	employer.			Fourth, 	if	all	else	fails,	you	may	file	a	complaint		
form	with	the	labor	office.		 After	complaint	is	filed,	the	labor	inspector	will	discuss	the	law	with	
your	employer.		This	may	happen	immediately	or	take	as	long	as	six	months.		 Also,	you	can	look	
for	a	better	job.		Working	at	different	jobs	will	help	you	learn	the	difference	between	good	
employers	and	not	good	employers	—	and	that	it	is	important	to	find	the	best	employer	for	you!
1.	 What	is	the	website	address	for	the	agency	that		
handles California labor laws?	
2.	 Describe	how	Federal	labor	law	and	California		
labor law are different. 	
3.	 What	is	the	rule	that	blends	these	two	sets	of		
laws into one?	
4.	 a)	Does	federal	labor	law	require	work	permits?			
b)	Why	are	employers	required	to	obtain	work	
permits for their minor (under age 18) workers?	
5.	 a)	 Which	labor	law	requires	employers	to	give		
breaks and meal periods?  b) What does the 
word	"net"	in	the	labor	law	mean?	
6.	 Explain	the	difference	between	an	"off	the		
clock"	and	"on	the	clock"	meal	period.			
7. Under what conditions is it legal to not include a 	
meal period within a 6 hour shift?	
8.	 a)	How	many	breaks	does	a	3	1/2	hour	work		
shift	require?		b)	5	hour	work	shift?	c)		8	hour	
work shift?	
9.	 List	3	fringe	benefits	provided	by	employers.
10.	 Why	do	most	grocery	stores	pay	workers	
	 premiums	for	evening	hours	and	holidays?
11.	 Why	do	some	employers	without	union	
	 contracts	offer	fringe	benefits?
12.	 List	the	4	steps	you	may	take	when	an	employer		
does not follow a labor law.	
13.	 Also,	what	can	you	do?
14.	 What	do	you	learn	by	holding	different	jobs?