Wage and hour disputes are among the most common workplace claims in California, partly because the rules are more protective than many employees, and even some employers, realize. Small, ongoing violations can add up to substantial amounts owed over time, especially once penalties are factored in.
Overtime and Minimum Wage
Non-exempt employees in California are generally entitled to overtime pay of one and a half times their regular rate for hours worked beyond eight in a day or forty in a week, and double time for hours worked beyond twelve in a day. Misclassifying an employee as exempt, or as an independent contractor, is one of the most frequent ways employers avoid these obligations, whether intentionally or not.
California’s minimum wage is also higher than the federal minimum, and many cities set their own local minimum wage that can be higher still. Employers are required to pay whichever rate is highest for the applicable location.
Meal and Rest Breaks
Employees working more than five hours in a day are generally entitled to an unpaid, uninterrupted thirty-minute meal break, with a second meal break required for shifts over ten hours. Paid ten-minute rest breaks are also required for every four hours worked or major fraction of that time. When an employer fails to provide a compliant break, it typically owes the employee an extra hour of pay for each missed break, separate from and in addition to owed wages.
Common Violations
- Requiring off-the-clock work, such as answering messages or finishing tasks before clocking in or after clocking out
- Automatically deducting meal breaks that were not actually taken
- Misclassifying employees as exempt to avoid paying overtime
- Failing to reimburse necessary business expenses
- Not paying all final wages immediately upon termination or within the required time after resignation
Penalties for Late or Missing Final Pay
When an employer willfully fails to pay all final wages on time, California law allows the employee to collect waiting time penalties equal to a full day’s wages for each day the payment is late, up to thirty days. This penalty exists specifically to discourage employers from delaying final paychecks.
What Employees Can Recover
Depending on the violation, employees may recover unpaid wages, premium pay for missed breaks, waiting time penalties, interest, and attorney’s fees. Many wage and hour claims can also be brought on behalf of a group of similarly affected employees, which can significantly increase what is ultimately recovered.
At Michael Yerzinkyan Law, we regularly review pay practices for employees who suspect something is off with their paychecks, since these violations are often systemic rather than isolated to one person.
This article is intended for general informational purposes and does not constitute legal advice. If you believe your employer has violated wage and hour laws, consider speaking with a licensed employment attorney about the specific facts of your situation.