Most California employers strive to pay their employees fairly and comply with state and federal labor laws. Still, wage and hour violations continue to occur across many industries.
If you suspect you’re not being paid correctly, it’s essential to understand your rights. California has some of the nation’s strongest wage and hour protections, and you may be entitled to recover unpaid wages and other compensation if violations have occurred.
California’s wage and hour laws
California wage and hour laws generally provide greater protections than federal law. Employers are required to pay employees for all hours worked, provide required meal and rest breaks, pay overtime when applicable and comply with minimum wage requirements.
Violations aren’t always obvious. Some employees assume questionable pay practices are simply part of the workplace culture while others may not realize that seemingly minor payroll errors can add up over time. Therefore, recognizing the warning signs can help you determine whether you need to take a closer look at your employer’s pay practices.
One of the most common wage and hour violations occurs when employees perform work without being paid, such as arriving early to prepare for your shift before clocking in, finishing up work after you clock out or answering work emails or phone calls after your shift.
Even if the work wasn’t specifically authorized, employers generally must pay employees for all hours worked.
Overtime pay is another area where wage and hour laws are violated. Non-exempt employees are entitled to overtime pay when they work:
- More than eight hours in a workday
- More than 40 hours in a workweek
- More than six consecutive days in a workweek in certain situations
If you are regularly working long hours without receiving overtime pay, you may want to discuss the situation with your employer. Sometimes, an employer may classify an employee as exempt even though the employee is performing regular hourly work.
Your employer may be violating the law if you are expected to work through lunch or never receive paid rest breaks.
If you believe you are not being paid for all of your work time, you may want to discuss the situation with a legal professional. They can review your pay stubs, work schedules, actual hours worked and job duties to determine whether your employer’s pay practices comply with California law. If not, they can guide you through the process of receiving the full compensation you are owed.