Wage and Hour Violations: Are You Being Paid Properly?
Category: Wage & Hour | Published: February 20, 2024
California Wage and Hour Law
California's wage and hour laws provide strong protections for workers, but violations are common. If you're not being paid properly, you may be entitled to significant compensation.
Common Violations
Unpaid Overtime: Non-exempt employees must receive time-and-a-half for hours over 8 in a day or 40 in a week, and double time for hours over 12 in a day.
Meal and Rest Breaks: Employees are entitled to 30-minute meal breaks and 10-minute rest breaks. Violations result in premium pay.
Minimum Wage: California's minimum wage is higher than federal and varies by location and employer size.
Off-the-Clock Work: Employers must pay for all time worked, including pre-shift work, post-shift work, and work during breaks.
Employee Misclassification
California uses the strict "ABC test" to determine if a worker is an independent contractor. Many employers illegally misclassify employees to avoid paying overtime and benefits.
Exempt vs. Non-Exempt
To be exempt from overtime, employees must earn a minimum salary and primarily perform executive, administrative, or professional duties. Simply having a salary doesn't make you exempt.
What You Can Recover
Victims of wage violations may recover:
- Unpaid wages and overtime
- Meal and rest break premiums
- Waiting time penalties
- Interest and attorney's fees
Contact Gold Coast Counsel for a free consultation about your wage and hour rights.