Wage/Hour Disputes

California law requires employers to fully compensate workers for all hours worked. That includes regular wages and overtime pay. It is illegal for an employer to withhold overtime pay that workers qualify for, manipulate hours in order to pay less, or withhold a portion of your wages for certain work-related costs. Employers must also pay workers any commission or bonus pay.

If your employer is not paying you all wages required under California law, you may have grounds to file a wage and hour dispute. There is a process for recovering unpaid wages, and it is best to consult with an employment law attorney before attempting a claim on your own.

California law requires employers to pay their employees at least the applicable state or local minimum wage. The minimum wage may vary depending on the industry and the city or county where the employee works. Employers covered by California labor laws must comply with all applicable minimum wage requirements and ensure that employees are properly compensated for all hours worked.

There are exceptions to minimum wage requirements, such as for outside salespersons or the employer’s parent, spouse, or child. If you have questions or concerns about minimum wage laws in California, it is best to contact an employment law attorney before filing a wage dispute.

Intentionally or unintentionally misclassifying a worker can result in disputes over wages, tax requirements, and benefits. For example, if an employee is misclassified as an independent contractor, then he or she may not be compensated for working overtime hours. Similarly, an employee may be wrongfully terminated if he or she is classified as an independent contractor.

It is also illegal for an employer to misclassify a supervisor or manager as salary exempt. Sometimes employers try to avoid paying overtime and benefits by classifying employees as independent contractors. This may violate California labor laws and employee rights.

California workers who are misclassified may be able to recover compensation for the money they should have earned had they been properly classified. Employers who misclassify workers may also be subject to penalties through the California Labor Commissioner’s Office.

California law requires employers to provide employees with uninterrupted meal and rest breaks throughout their shift. These breaks must be uninterrupted. Generally, the rules require:

• One paid rest break (at least 10 minutes) per four hours of work.
• One unpaid meal break (at least 30 minutes) every five hours.

If the employee works particularly long shifts, then he or she may be entitled to additional meal and rest breaks. If the employer calls, texts, or comes into the break room to ask questions or ask the employee to clock back in early, it is a violation of the employee’s rights. 

Employers who do not comply with California’s meal and rest break laws may be subject to statutory penalties. In certain circumstances, employees may be entitled to recover additional compensation for each workday a violation occurred, as provided under California law.