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If you are a worker in the Golden State, you are protected by California wage and hour laws, along with the state’s standard employment regulations. These secure your right to be paid for the hours you work. However, wage and hour violations are the most common workplace violations. It’s important to know your rights as an employee if you may have been subjected to wage and hour abuse.
About Esperanza Anderson
With nearly 3 decades of experience in advocating for employees throughout Southern California, Esperanza Anderson knows employment law. As an experienced California employment lawyer, her proven record of successful litigation in the Los Angeles Superior Court system has earned her career accolades and the trust of countless clients who have experienced wage and hour violations. Her law firm, located in Pasadena, is client-focused and ready to serve clients throughout the surrounding area.
Understanding Wage and Hour Violations
Wage and hour violations in California can take several forms, including:
- Minimum wage violations. These are also known as wage theft. They involve the underpayment of employees despite laws governing minimum wage amounts at the state and federal levels.
- Meal breaks and rest break violations. Denying an employee appropriate breaks for hours worked violates California’s standards.
- Overtime violations. These occur when employers do not adequately compensate employees for working extended hours.
- Final pay violations. Employers must issue full payment of wages within 72 hours of employment termination or the employee quitting.
- Reimbursement violations. Employers are required to reimburse employees for any work-related expenses necessary for them to perform their job.
- Wage statement violations. The employer must provide the required number of data points on a pay statement or pay stub.
- Denial of sick pay. Employers are required to provide a minimum amount of paid time off and sick days to their employees. If employees do not utilize these sick days, they must be paid for them by the end of each year.
While these are only a few of the wage and hour violations that can occur in the workplace, they constitute the majority of wage violations an employee will encounter. It’s important to know your rights and document any suspected violations, as the courts will need to see evidence that supports your claim.
Statistics on Wage and Hour Violations
There are 25 new wage and hour cases filed every day in California. Many of these violations are rest break violations, which are common in several industries. They are especially pervasive in food service and retail, where busy periods may lead to breaks being forgotten or delayed due to the flow of customers.
Another common violation is wage theft, whether through overtime violations, with 10% of workers being denied overtime pay, or through minimum wage violations, in which employees are not paid the required minimum for the job they perform. As of January 2026, the minimum wage in California is now $16.90 per hour for most positions.
According to a report by the California State Auditor, there were 47,000 back claims in the wage claims adjudication unit of the Labor Commissioner’s Office in 2023, with thousands of workers and their families affected because of wage theft by employers. These unpaid claims can present a significant financial burden to workers, who deserve to be paid for the work they do.
Wage and hour disputes can be pursued through the Division of Labor Standards Enforcement agency or through your county Superior Court, including the Pasadena Courthouse on East Walnut Street. It is advisable to seek the advice and counsel of a qualified California wage and hour attorney. They can inform you of your rights concerning wage theft and other workplace violations.
FAQs
What Are the Rules for Hourly Employees in California?
Hourly employees must be compensated for the hours they work, according to state and federal laws, and they must be paid a minimum hourly rate based on their area of employment. If an employee works overtime, they must be paid time-and-a-half for each hour of overtime, calculated according to the normal hourly rate.
What Is the 7-Minute Rule for Clocking In?
The 7-minute rule refers to the standard an employer uses to round an employee’s work to the nearest quarter hour when calculating hourly payroll compensation. California only allows this rule if it is impartial. Companies typically round down if the time is 1-7 minutes over, and they round up to the next half hour if the time exceeds 7 minutes. California has increasingly been critical of this practice, such as in Camp vs. Home Depot, due to potential wage loss.
What Is the 72-Hour Rule in California?
Employers are required to pay final wages to an employee who is leaving their place of employment within 72 hours of termination or voluntary unemployment. If the employer does not comply within 72 hours, they must pay the former employee one full day of wages for up to 30 days following their final day of employment.
How Many Hours Straight Can You Legally Work in California Without a Break?
California mandates that all employees are entitled to one 30-minute break for every 5 hours of work, and they should have one 10-minute break for every 4-hour shift. Employees may elect to skip their 30-minute or 10-minute break, but this decision must be unanimous between the employee and employer. At the 6-hour mark, employees are required to take a break, by law, to prevent fatigue and have a chance to eat.
If You’ve Experienced a Wage and Hour Violation, Hire a Wage and Hour Lawyer With Experience
If you are dealing with wage and hour violations in California, hire a wage and hour lawyer, such as Esperanza Anderson. With nearly 30 years of experience in advocating for residents of the greater Los Angeles area, Ms. Anderson has a proven record of successful litigation against negligent employers. Don’t let wage theft or any other wage and hour violation affect your right to fair compensation for your work.
We can work hard to hold your employer accountable. Contact us today for a consultation on your wage and hour case. Ayudamos a clientes que hablan inglés y español.
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