Most Common Wage Violations in California

Unfortunately, it is not uncommon for wage violations to occur within the workplace. Although there are laws and standards set in place to prevent this from happening, wage violations are still a rampant problem throughout California. It is crucial that employers in California ensure that their employees’ rights are protected and that they receive the proper amount of compensation for the time they have been working. Failure to pay adequate wages and compensation may result in legal consequences for the employers. In understanding whether you have been a victim of a wage violation in California, let’s explore some of the most common types.

Failure to Pay Minimum Wage

Effective as of January 1, 2024, the minimum wage for all employees in California is $16 an hour. There are some exceptions to this law, however, such as for fast food restaurant employees. As of April 1, 2024, all fast food employees must be paid at least $20 an hour, as described under AB 1228. In addition, some cities and counties within California may mandate differing amounts of minimum wage. Regardless of what the minimum wage is where you reside in California, the bottom line is that employers are legally required to pay you at least the minimum amount for each hour worked.

Unpaid Overtime Wages

Another common type of wage violation in California is unpaid overtime wages. Employees who work more than eight hours per day or 40 hours in a week must be paid overtime wages of one and one-half times the employee’s regular rate for each hour worked. However, there are several exemptions to California’s overtime law such as for executives and outside salespersons.

Employee Misclassification

Misclassification of employees is another problem that employers are commonly faced with. If an employer purposefully misclassifies an employee, such as classifying them as an independent contractor or exempt employee instead of a non-exempt employee, this can lead to complications, as well as denied wages, benefits, and rights. Employee misclassification is considered a form of fraud and can result in penalties for the employer. The employer may also be subject to back-pay liabilities.

Meal and Rest Breaks

Another common error when it comes to paying wages is meal and rest breaks. In the state of California, non-exempt employees are required to take at least a 30-minute unpaid meal break if they are working for more than five hours a day. The meal break must be taken before or right at the fifth hour of work. If an employee is working 10 or more hours, a second 30-minute unpaid meal break must be taken. Additionally, a 10-minute rest break must be taken for every four hours of work. Employers who do not enforce or allow employees to take these meal and rest breaks may be punishable by law.

What To Do If You Have Experienced Wage Violations

If you have been a victim of any of the aforementioned types of wage violations in California, be sure that you seek legal assistance immediately. An experienced Orange County wage violation lawyer can ensure that your rights are protected and that you receive maximum compensation for the wages that you deserve. It is vital that you file a wage claim with the Labor Commissioner’s Office within a timely manner in order for your claim to be valid and considered. Time limits vary depending on the nature of your wage violation, ranging from one year to four years. A wage violation lawyer can help you understand these nuances and time limits in order to make sure that you recover the wages you rightfully deserve.

Leslie Irving, California Business Journal