California Labor Code 1198 Overview & Example Scenarios

Legally reviewed by: Jessica Anvar Stotz, JD, MBA

California Labor Code 1198 primarily empowers the labor commission in California to determine the maximum hours an employee may work as well as the “standard conditions” they will work in. This Labor Code makes it unlawful for an employer to make an employee work longer than the maximum hours or in improper conditions.

California Labor Code 1198 Explained in 90 Seconds

There are two important parts to understand in California Labor Code 1198. The first part deals with the maximum amount of hours an employee can work. This number is determined by the California Labor Commissioner, also known as the Division of Labor Standards Enforcement (DLSE). The maximum amount of workable hours can vary depending on industry, age, and position within an industry, though there is generally no maximum number of hours an employee can work in California.

The second element of California Labor Code 1198 deals with establishing working conditions for employees. The Labor Commissioner or DLSE is also empowered to do this, and forcing employees to work in conditions other than or inferior to the ones determined by the DLSE is made unlawful by Labor Code 1198. This means that the established working conditions for an employee must be maintained, otherwise the employer is violating the law. Things like basic safety procedures and health standards are examples of commonly established workplace conditions.

How Does the DLSE Set Maximum Hours and Working Conditions?

The DLSE goes through a process where they issue orders to determine maximum working hours and labor conditions for a particular industry or group of individuals. These orders are based on research done by the DLSE so that they can implement the most effective protocols and guidelines for employers and industries as a whole to follow. Because the DLSE has been empowered by law to pass these orders, it can do so. Employees should do their own research into the conditions and orders regarding their industry, as there can be differences between them.

What Happens if My Employer Violates Labor Code 1198?

Employers face consequences for violating Labor Code 1198, either by forcing an employee to work more than the established maximum hours or by neglecting to provide working conditions in line with the issued orders. There are fines, usually at a minimum of $100 or up to 30 days in jail for the offending employer, or both.

Alternatively, an employee can sue their employer when the employer violates Labor Code 1198. A lawsuit like this could include potential damages for making the employee work longer or in improper conditions, as well as any actual damages the employee might have suffered from working in those conditions. Employees seeking this option should find an experienced employment attorney to manage their case.

Finding Out About Maximum Hours and Working Conditions for Your Job

The current wage and hour orders can be found on the DLSE’s website here. The large table on that website displays the different industries and includes PDFs in multiple languages covering the established working conditions, hours, employees the regulations apply to, exemptions, and more. If an employee is unsure about their industry or place of employment specifically, they can also contact the DLSE directly through email at DLSE2@dir.ca.gov.

Example Scenarios

Example 1: Working Conditions Improperly Ignored by Employer

• Scenario: A canner at a fish packing plant is told his workstation will always have a dry floor and anti-slip mats for his safety while he works the machinery pursuant to the order issued by the DLSE. More often than not, the floor at the employee’s workstation is wet and unsafe to stand on.
• Violation: Employer failed to maintain established working conditions.
• How Labor Code 1198 Protects: Under Labor Code 1198, employers must abide by the orders issued by the DLSE. The failure to do so here is unlawful and would impose a penalty on the employer or permit the employee to sue.

Example 2: Employee Worked Over Maximum Hours

• Scenario: A fast-food employee is told to work a 14-hour shift by her manager. The DLSE has issued an order stating that fast food workers can only work 12-hour shifts at a time.
• Violation: Employee forced to work over maximum hours.
• How Labor Code 1198 Protects: The DLSE-issued order regarding the maximum amount of hours an employee works must be followed by the employer. In this case, the employee would not have to work the last two hours of her shift and could seek recourse against the employer.

Example 3: Employer Improperly Creates Their Own Regulations

• Scenario: A grocery store’s manager establishes a new storewide procedure that requires employees to wear certain shoes. The DLSE’s issued order states that the employees must wear a different type of shoe more suited for working. The manager explicitly tells the employees to ignore this order and follow their alternate shoe one.
• Violation: Employer attempting to override DLSE’s order.
• How Labor Code 1198 Protects: When the DLSE has issued an order regarding workplace conditions, the employers in that industry must follow them. They cannot come up with contrary regulations, as they have not been empowered by the law to do so.

Tips for Protecting Yourself Under Labor Code 1198

Employees can take steps to protect themselves from Labor Code 1198 violations by their employer. For one, employees should always keep track of their work hours. In industries where a maximum number of hours is provided, employees should be careful not to go over that number and resist attempts by their employers to make them do so.

Similarly, employees should keep their eyes out for any improper conduct on the part of their employer when it comes to workplace conditions. Anything promised by the employer or provided by an issued order by the DLSE must be maintained and followed under penalty of law. Any unsafe working conditions should be reported to the DLSE.

Finally, employees should keep themselves informed and up-to-date on the latest DLSE issued orders. This helps employees understand their rights and makes it easier for them to speak up if they see a problem.

Resources for Employees and Employers

1. California Labor Code 1198
2. California Department of Industrial Relations
3. California Department of Industrial Relations – Division of Labor Standards Enforcement
4. California Department of Industrial Relations – Division of Labor Standards Enforcement: Wage Orders by Industry
5. California Department of Industrial Relations – Division of Labor Standards: How to File a Wage Claim

Connect with an Attorney

Knowing and protecting your rights as an employee is crucial for your health and financial safety. If you believe your employer has engaged in a violation of California Labor Code 1198, you may be able to file a claim against them and receive compensation for any damages you sustained as a result of the violation. In such a case, you should contact LawLinq.

The world of employment law is complex, which is why we will connect you to an experienced California employment attorney who will work with you to fight for compensation. Employers often have powerful and successful attorneys behind their backs: why shouldn’t you too? Contact us today by calling (855) 997-2588 or by filling out our online form!

About the Author

Jessica Anvar

California Consumer Litigation Attorney Jessica Anvar, Esq. is the Founder and Managing Partner of Lemon Law Experts California’s leading lemon law firm. She has multiple years’ worth of experience working with both state and federal lemon laws. Her practice focuses exclusively on consumer protection cases. Ms. Anvar received her J.D. from Loyola Law School. She also earned a Master of Business Administration degree from Loyola Marymount University. Jessica is very active in her local legal community and has helped thousands of clients across the state of California. She has an outstanding record as a true advocate for consumers.