Understanding your rights under wage and hour laws is crucial. While many employers strive to comply with labor regulations, others fail to meet their obligations. It could be because of negligence or intentional disregard for the law. Unfortunately, this can leave workers at risk of being underpaid, overworked, or denied the benefits they are entitled to.
Below, we’ll break down the most common wage and hour violations in California and provide actionable steps to protect your rights as an employee.
Common Wage and Hour Violations
1. Failure to Pay Minimum Wage
California has some of the highest minimum wage standards in the country, with rates differing based on the size of your employer. However, some employers unlawfully pay workers less than the minimum wage or fail to adjust wages in accordance with local ordinances.
2. Unpaid Overtime
Under California labor law, employers must pay non-exempt employees 1.5 times their regular rate of pay for hours worked beyond 8 hours in a day or 40 hours in a week. Double-time rates apply after 12 hours in a single day. Failing to compensate employees for overtime hours is a violation that many workers face.
3. Misclassification
Misclassifying employees as “independent contractors” or “exempt” (from overtime regulations) is another common tactic used to bypass employment laws. Misclassification can deny workers critical benefits such as overtime pay, meal breaks, and unemployment insurance.
4. Failure to Provide Meal and Rest Breaks
California labor laws guarantee mandatory meal breaks and rest periods to non-exempt employees. For every 5 hours worked, you’re entitled to a 30-minute unpaid meal break, with additional breaks required for longer shifts. Rest breaks of at least 10 minutes must be provided for every 4 hours worked. If your employer denies or interrupts these breaks, they must compensate you with an additional hour of pay for the day.
5. Off-the-Clock Work
All the time you spend working for your employer—including preparation, clean-up, mandatory meetings, and travel between job sites—is compensable. Requiring employees to perform tasks before clocking in or after clocking out is a violation of California wage laws.
6. Final Pay Violations
If you've left a job, either voluntarily or through termination, your employer is legally required to provide your final wages promptly. Delaying or withholding final paychecks, including unused vacation time, is against the law and can result in significant penalties.
How to Protect Your Rights as an Employee
When employers violate your rights, it’s essential to take the right steps to safeguard yourself and recover what you're owed. Here's how you can protect yourself when facing wage and hour violations in California:
Document Everything
Keep detailed records of your hours worked, pay stubs, and any communication with your employer regarding wages or working conditions. Having documentation is critical for building a strong case.
Understand Your Classification
Review your employment agreement to confirm whether you're classified as a non-exempt employee. If you’re unsure about your classification or believe you're being misclassified, consult an employment attorney.
Speak Up
If you suspect a violation, raise the issue with your employer or HR department. Often, misunderstandings can be resolved internally. Ensure all communications are documented in writing.
File a Wage Claim
You have the right to file a wage claim with the California Labor Commissioner’s Office to recover unpaid wages, denied breaks, or other entitlements.
Seek Legal Representation
When violations occur, partnering with an experienced employment attorney can make all the difference. Lawyers understand California labor laws deeply and can hold employers accountable for violations.
Take Action Today
Wage and hour violations are more common than you might think. Whether your employer failed to pay you appropriately, misclassified your role, or denied you break time, you have rights under California law.
When you work with Polaris Law Group, you can expect personalized legal representation. We take the time to listen to your story, understand the challenges you face, and tailor our approach to meet your unique needs.
We’re committed to protecting hardworking employees from exploitation. Don’t wait to ask for help—contact us today for a free consultation.
Call us at (888) 796-4010 today.