Common Wage and Hour Violations in California (2024)

California’s minimum wage laws and other employment laws are designed to protect the rights of workers. Any employer who violates state or federal laws may be subject to fines and orders to pay compensation to workers who have their rights violated. If you believe your worker rights were violated, you should review common wage and hour violations in California and consider hiring a wage and hour attorney.

Common Wage Violations

Wage violations can take many shapes in California. Sometimes, it is obvious, like when an employer refuses to pay a worker for their services. Other times, it may be more subtle, such as when a worker isn’t paid for work done off the clock.

California has a minimum wage that is significantly higher than the federal minimum wage. Certain cities maintain even higher minimum wages. Employers are required to meet these minimum wage requirements. Failing to do so could place the employer in violation of state laws and acts.

Overtime refers to any work done in addition to eight hours during one day or in excess of 40 hours in a week. Any time put in that qualifies as overtime should be compensated at 1.5 times the hourly rate. Workers are to be paid twice their hourly rate for time put in after 12 hours within one workday. Employers are required to log overtime and to pay at a higher rate.

Most workers are entitled to meals and rest breaks. Any worker who is regularly denied this right or pressured not to exercise their right to time off for meals and rest breaks may have a claim.

Employers cannot require workers to complete tasks before or after work without compensation. One example of a violation of this wage law would be an employer who requires their workers to perform certain duties during their break time. Unpaid off-the-clock work is unlawful in California.

Another common wage violation is the misclassification of employees. Employers may attempt to say that an employee is salaried or an independent contractor as a means of not paying for wages and benefits. The intentional misclassification of a worker is a violation of wage laws.

Employers are required to pay compensation for workers who quit within a set period of time. Improper deductions, inaccurate wage statements, and other wage violations could lead to significant legal consequences for employers and provide grounds for employees to seek compensation for lost wages and other damages.

What Can a Lawyer Do for Me?

Your wage law attorney can review your case to see what the most optimal course of action is.

Your attorney can keep you updated with the process and negotiate a fair settlement on your behalf. A wage law attorney brings experience in knowing how to word the complaint form and how to include evidence so you receive fair compensation for your lost wages.

Wage law attorneys often work in a contingency capacity, meaning that you will not have to pay anything out of pocket. The attorney fees come from any verdict or settlement that your lawyer is able to negotiate on your behalf.

FAQs

Q: What Are the Common Labor Code Violations in California?

A: Common wage violations in California include minimum wage violations, rest break violations, overtime violations, and unpaid wage violations. All of these are serious violations that can place employers in violation of state and federal law. The remedy for labor code violations includes fines against the employer and legal action on the part of the worker whose rights were violated.

Q: What Are the Wage Violations in California?

A: The state’s Labor Code and other laws codify wage violations. There are federal protections for workers as well as state-level protections. If your rights were violated by an employer in California, a labor law attorney can explore what your legal recourse may be. In some cases, you may have standing to file a class action lawsuit.

Q: What Is the Penalty for Violating Wage Statements in California?

A: Any employer who violates wage statements in California could be penalized up to $4,000. The fines are described in the Labor Code section 226. If any worker loses wages due to the violation of the labor code, that worker can hire an attorney to demand that the lost wages be paid back. So, an employer could be both fined and required to pay compensation to the worker who was the victim of wage violations.

Q: What Is the Seven-Minute Rule for Payroll in California?

A: The seven-minute rule in California payroll is a practice where employers round employee work hours to the nearest quarter-hour, usually in 15-minute intervals. The rule is a convenient way to simplify timekeeping and payroll calculations, but employers need to apply it consistently and fairly to comply with wage and hour regulations.

Schedule Your Wage Violation Consultation Today

You have a legal right to be compensated for every penny you earn. Employers who violate your rights can face fines and other penalties. If you were denied pay, time off, or other benefits that you are entitled to, you can work with a wage violation attorney who will fight for your lost wages and any form of compensation that you are entitled to.

At Shirazi Law Firm, P.C., our lawyers take wage violations seriously. Under state and federal law, workers have the right to receive compensation for the time they put in on the clock. If your wage rights were violated, you do not have to deal with the consequences of someone else’s workplace wage violations. We have helped many workers receive compensation that is owed to them. Contact our office today to schedule your consultation.