EmploymentQuestion 942 of 1605
The federal Fair Labor Standards Act (FLSA) sets a 40-hour weekly overtime threshold. When California law provides greater protection (such as daily overtime after 8 hours), which law controls for a California employee?
a.Whichever law the employer chooses
b.The FLSA always preempts state wage law
c.California law, because the more protective (employee-favorable) standard applies
d.Neither; the employee must pick one and waive the other
Explanation
The FLSA sets a federal floor but expressly allows states to enact more protective wage-and-hour standards. When California law is more generous to the employee (daily overtime, double time, meal and rest premiums), the state standard controls. Employers must comply with whichever law provides the greater benefit to the employee; the FLSA does not preempt stronger state protections.
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