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Unpaid Wages & Overtime Law in California
Unpaid wages and overtime violations are common issues in California, where California’s Labor Code and strict labor laws are designed to protect employees from wage theft and ensure fair compensation. From the moment you arrive at work until the moment you leave, and when you are contacted after hours, you are protected under the law to make sure that you are paid for all hours worked at the proper rate, provided with all required breaks and otherwise treated fairly. Overtime, meal and rest breaks, reimbursement for business expenses and other protections are not privileges, they are your right under the law!
Here are common California employment law violations that employees may potentially bring under the California Labor Code:
- Paying less than the minimum wage: As of 2024, the California minimum wage is $16.00 per hour ($20.00 per hour for fast food restaurant employees and $18.00-$23.00 per hour for health care workers). In addition, many California localities (city and county) have their own minimum wages that are greater than the state minimum wage.
- Not paying all overtime owed: Employees in California who work more than eight hours in a day are entitled to 1-1/2 times their regular rate of pay, and those who work twelve or more hours are entitled to double time.
- Not paying wages for missed, late, short and/or interrupted meal breaks: Employees in California are entitled to a thirty minute meal break for every shift that is five hours in length or greater. An employee must be relieved of all duty during meal breaks and not required to do any work or be on call.
- Not paying wages for missed, late, short and/or interrupted rest breaks: Employees in California are entitled to a ten minute rest break for every four hours worked or major fraction thereof. As with meal breaks, during a rest break an employee must be relieved of all duty and not required to do any work or be on call.
- Requiring or pressuring employees to work off the clock: often, employers require employees to perform activities outside of their scheduled hours and before they clock in, such as putting on and taking off (donning and doffing) uniforms, going through security checkpoints and powering up the computer system. All of these tasks are potentially compensable time for which employees should be paid.
- Not compensating employees for time spent on tasks like meetings, orientation, or training.
- Not paying earned and promised commissions, bonuses, and incentives.
- Not factoring bonuses, commissions, and incentives into overtime pay and meal and rest break premium payments.
- Misclassifying non-exempt employees as salaried-exempt or as independent contractors to avoid wage and hour obligations like overtime.
- Deducting wages for costs unrelated to employment, like cash shortages or uniform expenses.
- Not making required expense reimbursements, such as mileage and mobile phone costs.
- Not paying employees for reporting time.
- Not paying the final paycheck and all wages owed on the last day for employees who are terminated, or within 72 hours for those who quit without notice.
Employees who experience these types of wage violations may be eligible to recover lost wages, penalties, and other damages through filing a wage claim or legal action. If your employer is refusing to pay you fairly, consulting with an employment attorney at Greenstone Law is a critical step toward recovering your lost wages. We can give you an honest and timely assessment of your unpaid wages claim and pursue legal action on your behalf for unpaid wages, overtime, and any related violations. By taking action, you can ensure you are compensated for the work you have done and hold your employer accountable for illegal wage theft in California. Even if the violations against you do not seem substantial, it is likely that your employer is also committing the same kinds of violations against other employees. When an employer steadily fails to meet California’s wage and hour requirements—these violations can be pursued collectively in a class action or a representative action under California’s Private Attorneys General Act of 2004 (PAGA). Class and PAGA actions allow a group of employees with similar claims to seek justice together, often resulting in a more efficient and impactful outcome. Contacting a skilled and experienced attorney is essential for navigating the complexities of class and PAGA actions, gathering strong evidence, and securing fair compensation for all affected employees. We can also help ensure that the employer is held accountable for its widespread wage abuse practices, making a positive impact on the workplace as a whole.
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