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Unfair treatment at work can take place in many ways, including legal violations of the state\u2019s wage and hour laws. There are many statutes that guarantee an employee\u2019s right to compensation, including overtime at rates of time and a half or double pay. But many employers fail to understand these laws or blatantly disregard them, and many of them get away with it because the employee is in the dark as well. <\/p>\n
If you suspect that your employer has not paid you for all the hours you worked, or violated the law in some other way, like withholding tips or taking away meal breaks, our legal experts would like the opportunity to speak with you. Depending on the circumstances, you may have grounds to file a lawsuit or labor law violation complaint against your employer. <\/p>\n
California has extensive laws pertaining to an employee\u2019s wages and hours, and it\u2019s impossible to cover all of them in this article. However, we want to make you aware of some of the most important protections that are available to you, as the employee:<\/p>\n
The current minimum wage (as of 2025) in California is $16.50 per hour for all employers. Fast food workers at chains with over 60 locations must pay a minimum wage of $20.00 per hour. <\/p>\n<\/li>\n
Employees who rely mainly on tips cannot be paid less than the minimum wage.<\/p>\n<\/li>\n
Employers must pay overtime when an employee works more than 40 hours per week.<\/p>\n<\/li>\n
If an employee works 12 or more hours in one day, they are entitled to double their normal pay rate. <\/p>\n<\/li>\n
Those who work 7 consecutive days in one work week must be paid at the following rates: time and a half for the first 8 hours and double pay for all hours worked after the initial 8-hour period. <\/p>\n<\/li>\n
Non-exempt employees must be given an interrupted meal break of 30 minutes after 5 hours of work (unless their work hours do not exceed 6 hours).<\/p>\n<\/li>\n
If the employee works more than 12 hours per day, they are entitled to a second meal break. <\/p>\n<\/li>\n
All non-exempt employees must have a 10-minute, paid rest period for every 4 hours of work. <\/p>\n<\/li>\n<\/ul>\n
Do you believe that your employer is in violation of your rights under California\u2019s wage and hour regulations? Legal assistance is available to you 24\/7 here at California Labor Law Employment Attorneys Group. Contact us as soon as possible to receive a complimentary case review. <\/p>\n
So, what does a wage and hour violation look like in real life? Here are some examples that of illegal acts by the employer that have to do with employee wages and hours:<\/p>\n
Refusing to pay overtime rates <\/p>\n<\/li>\n
Failure to pay at least the minimum wage for employees earning tips<\/p>\n<\/li>\n
Denying second meal breaks for workers that work more than 12 hours per shift<\/p>\n<\/li>\n
Withholding tips or tip pooling without fair and reasonable distribution <\/p>\n<\/li>\n
Continuing to pay at a rate of time and a half verses double pay, according to California\u2019s labor laws<\/p>\n<\/li>\n<\/ul>\n
If you are a victim of these and any other violations of your rights in the workplace, quick action is the key to a successful resolution. Don\u2019t hesitate to give us a call and speak to a lawyer who can help you file a wage and hour complaint with the State of California. <\/p>\n
It may seem that employers have all the power, and you as one of many workers, are powerless to defend yourself whenever your rights are violated. But California is one of the most progressive states when it comes to protections for employees, so it\u2019s worth it to explore your rights with a wage and hour violation attorney. <\/p>\n
Typically, you have one of two options when your employer is failing to comply with wage and hour regulations. The first option is to file a claim with the California DIR, or the<\/p>\n
Department of Industrial Relations. This is a department of the state\u2019s Labor & Workforce Development Agency that handles wage and hour violation complaints, among other things. The department will review the evidence you submitted, conduct a thorough investigation into your employer, and try to work out a resolution that is acceptable to all the involved parties. <\/p>\n
The other route is to file a lawsuit against your employer with help from a skilled employment lawyer. This is a more complicated legal action, but it may be appropriate, depending on your employer\u2019s conduct and the amount of compensation you are owed. Your case may also involve other unlawful conduct by the employer, such as discrimination, harassment, and retaliation. <\/p>\n
All labor law violation claims have a specific deadline, so it\u2019s essential to figure out the statute of limitations that applies to your case. <\/p>\n
If you are filing a claim with the state\u2019s Department of Industrial Relations, you have 2 to 4 years to submit the requested forms and documentation, depending on the violation by your employer. If, for example, you are accusing your employer of violating a labor law or regulation, you have 3 years to file a claim. On the other hand, you have 4 years to file a claim that\u2019s based on a breach of contract in writing. If the claim is over a verbal agreement that was violated, you have 2 years to file a claim. <\/p>\n
For a lawsuit filed with the civil courts, the timelines are generally the same, though it\u2019s crucial to verify the exact deadline with an employment attorney. California Labor Law Employment Attorneys Group is standing by to assist with all your questions and concerns. Don\u2019t hesitate to give us a call, 24 hour a day, 7 days a week<\/p>\n
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As an employee, you may feel like there\u2019s nothing you can do if your employer decides to violate your rights under state and federal laws. However, it\u2019s important to speak to an attorney and see what options are available to you under the current wage and hour regulations. <\/p>\n
During this time, it\u2019s understandable that you are concerned about your finances, and affording an employment rights lawyer may seem impossible. That\u2019s why our attorneys work on contingency and wait until the recovery of your settlement to deduct legal fees. If we do not secure the payment you deserve, you are charged absolutely nothing, thanks to the Zero Fee Guarantee. <\/p>\n
For a detailed discussion on your rights and legal options, contact us to schedule a free case evaluation.<\/p>\n