Pub. 1 2019-2020 Issue 3

12 Searching for a Path Forward on Wage and Hour Issues in California Anthony Bento, Director of Legal Affairs , CNCDA F or businesses, California represents something of a false Eden. On the one hand, if it were a country, the Golden State’s economy would rank fifth larg- est in the world – ahead of the United Kingdom and France. An economy this large offers businesses the opportunity to sell to a vast number of potential custom- ers, many of whom hold tremendous wealth. On the other hand, California businesses face a bramble of complex laws and regulations that can maim the unwary. For wage and hour laws, this complexity has grown to such an extent that even cautious businesses, employing tried-and-true practices, face an onslaught of litigation. There are several reasons why California’s wage and hour laws are so much more complex than laws in other states. Outside of California, many businesses only need to worry about federal wage and hour laws (e.g., the Fair Labor Standards Act, or FLSA). However, businesses in California must comply with both federal and California law (whichever is most strict). As an example, this means that

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