What Are the Most Common Wage Violations in California?
If you’re concerned your employer has committed a wage violation and is withholding your pay, get in contact with an experienced wage and hour attorney at Ottinger Employment Lawyers.
We’ve helped thousands of employees in every field recover millions in unpaid wages, and we’re here to fight for you and to hold your employer accountable.
Common Wage Violations in California
The most common wage violation in California typically involves employers not paying workers the legally required minimum wage or overtime pay. This can happen in various ways, such as:
- Failure to pay minimum wage: Employers may not pay employees at least the current California state minimum wage, which is higher than the federal minimum wage.
- Overtime violations: In California, employees who work more than 8 hours in a day or 40 hours in a week are entitled to overtime pay. Employers may not pay the proper overtime rate, which is 1.5 times the regular pay rate for hours worked beyond the standard hours, and double the regular pay rate for hours worked beyond 12 hours in a day or beyond 8 hours on the seventh consecutive day of work in a week.
- Meal and rest breaks: California law requires employers to provide non-exempt employees with a 30-minute unpaid meal break if they work more than 5 hours in a day, and a 10-minute paid rest break for every 4 hours worked (or major fraction thereof). Employers who fail to provide these breaks must pay the employee an extra hour of pay for each violation per day.
- Misclassification of employees: Employers might incorrectly classify workers as independent contractors or exempt employees, which can lead to employees not receiving proper minimum wage, overtime pay, or breaks.
- Off-the-clock work: Employers may require or allow employees to work off-the-clock, without compensating them for the extra time worked. This typically includes time spent on tasks before or after a shift, or during breaks.
- Wage theft: Employers may not pay workers for all hours worked, make illegal deductions from paychecks, or withhold final paychecks.
Get in Contact with a Wage and Hour Lawyer in California Today
If you believe your employer is violating wage and hour laws in California, consider contacting an employment lawyer in California to discuss your rights.