Working hard and being fairly compensated for your efforts is a fundamental right for every employee. However, many California workers, despite their dedication, fall victim to wage and hour violations without even realizing it. Understanding common wage violations can help you recognize your rights and take action if necessary.
If you're feeling unsure about your paycheck or working conditions, here's a breakdown of the most frequent wage violations in California and what you can do to protect yourself.
Overtime Pay Violations
California's labor laws provide some of the most employee-friendly overtime rules in the country. If you work more than eight hours in a day or 40 hours in a week, you’re entitled to overtime pay at 1.5 times your regular hourly rate. For employees working over 12 hours a day, the rate increases to double time.
Employers are required to handle overtime pay fairly. Unfortunately, some may misclassify employees (e.g., labeling them as exempt when they aren’t), conveniently forget to track hours properly, or expect employees to work off the clock.
Minimum Wage Violations
The current minimum wage in California is $16.50 per hour. However, certain counties and cities enforce even higher minimum wage standards to account for the state’s cost of living.
A common violation occurs when employers deduct expenses, such as uniform costs or equipment fees, from an employee’s wages, dropping their pay below the required minimum wage.
Meal and Rest Break Deprivation
California law mandates that employees are entitled to a 30-minute meal break for shifts over five hours and a second meal break for shifts over 10 hours. Additionally, employees must receive a paid 10-minute rest break for every four hours worked.
Violations often happen when employers pressure employees to skip breaks, fail to provide uninterrupted breaks, or deprive employees of the required compensation if a break isn’t offered.
Unpaid Wages and Final Pay Violations
Every hour you work should result in full and fair compensation. Yet, wage theft is an alarming issue across California. This can include unpaid overtime, failing to pay for all hours worked, or paycheck errors that reduce your income.
If you resign or are terminated, your employer must also provide your final paycheck within a specific period. For resignations, wages must be paid within 72 hours. If you’re terminated, your wages are due immediately. Failure to do so is a violation.
Misclassification of Employees
Misclassifying workers as independent contractors instead of employees is another wage violation tactic. Why? Employers do this to avoid paying minimum wage, overtime, or benefits. Under California's AB 5 law, many workers presumed to be independent contractors may actually qualify as employees entitled to full legal protections.
Actions You Can Take
If any of these situations sound familiar, it’s critical to act quickly. California has strict labor laws that favor the employee, but it falls on you to advocate for your rights. Here’s what you can do:
- Document Everything: Keep records of your worked hours, pay stubs, and any communications with your employer about pay or working conditions.
- Seek Legal Advice: An experienced employment attorney can help you evaluate your case, file claims, or negotiate compensation.
- File a Wage Claim: With sufficient evidence, you can bring your claim to the California Department of Industrial Relations for investigation.
Protect Your Rights Today
Every employee deserves fair pay for their work. If you suspect your employer is engaging in unfair pay practices, don’t wait. Getting informed about California’s wage and hour laws is your first step toward resolving the issue.
For personalized assistance and guidance on how to handle wage violations, we're here for you. At Williams And Seemen, A Professional Law Corporation, we’re here to fight for your rights. Our Encino wage & hour attorney can help you navigate legal complexities and ensure you receive what you're owed. Don't wait to ask for help.
Contact us now at (818) 536-7776 for a free consultation.