Best Wage & Hour Lawyers in California

About Wage & Hour Law in California, United States

Wage and hour law in California sets the standards for how employees are paid and how many hours they are allowed to work. These laws are designed to protect workers from unfair treatment by their employers regarding pay, working hours, meal and rest breaks, overtime, and other workplace rights. California's wage and hour regulations are among the most extensive and employee-friendly in the United States, offering broader protection than federal law. Employees and employers alike must understand these laws to ensure fair treatment and compliance.

Why You May Need a Lawyer

Legal assistance may become necessary in wage and hour matters when disputes arise between employers and employees. Common situations that may require legal help include:

• Unpaid overtime or minimum wages
• Misclassification of employees as independent contractors or exempt workers
• Failure to provide required meal and rest breaks
• Unlawful wage deductions or late payments
• Retaliation for complaining about wage and hour violations
• Issues with final paychecks upon termination or resignation
• Unpaid commissions, bonuses, or tips
• Seeking compensation for wage theft or labor code violations

A knowledgeable attorney can help you understand your rights, navigate the legal system, negotiate with your employer, or represent you in court or before governmental agencies such as the California Labor Commissioner.

Local Laws Overview

California wage and hour laws are governed by both the California Labor Code and regulations issued by the Industrial Welfare Commission (IWC) in the form of Wage Orders. Some of the most crucial aspects include:

• Minimum Wage: The statewide minimum wage is higher than the federal minimum and increases regularly. Some cities and counties have set even higher rates.
• Overtime Pay: Non-exempt employees must receive 1.5 times their regular rate for hours worked over 8 in a day or 40 in a week, and double time in some circumstances.
• Meal and Rest Breaks: Employees are entitled to an unpaid 30-minute meal break for every five hours worked and a paid 10-minute rest break for every four hours worked.
• Off-the-Clock Work: Employers are prohibited from requiring or allowing employees to work off the clock.
• Final Paychecks: By law, wages must be paid promptly when an employee is terminated or resigns, including all unused vacation or paid time off.
• Misclassification: Classifying employees incorrectly as independent contractors or exempt from overtime is a common violation.
• Recordkeeping: Employers are required to keep accurate records of hours worked and wages paid.

Employees who believe their rights have been violated can file a wage claim with the California Division of Labor Standards Enforcement (DLSE) or take legal action.

Frequently Asked Questions

What is the current minimum wage in California?

As of 2024, the statewide minimum wage in California is twenty dollars per hour for employers with 26 or more employees, and nineteen dollars per hour for employers with 25 or fewer employees. Some local jurisdictions set higher minimum wages.

When am I entitled to overtime pay?

You are entitled to overtime pay if you work more than eight hours in a workday, more than forty hours in a workweek, or more than six days in a workweek. Overtime is generally paid at one and one-half times your regular rate of pay.

Am I supposed to get breaks during my shift?

Yes. You are generally entitled to a paid 10-minute rest break for every four hours worked, and an unpaid 30-minute meal break if you work more than five hours in a day.

What do I do if my employer does not pay me on time or withholds my wages?

You can file a wage claim with the California Labor Commissioner, also known as the Division of Labor Standards Enforcement. You may also want to consult an attorney to discuss your legal options.

Can my employer deduct money from my paycheck?

Employers in California can only make certain authorized deductions, such as for taxes or with your written consent for specific benefits. Unauthorized deductions are generally prohibited.

What happens if I am misclassified as an independent contractor?

If you are misclassified, you may be entitled to recover back wages, overtime, and benefits. California uses the "ABC Test" to determine proper classification, and many workers previously classified as contractors are now considered employees under the law.

Is my employer required to keep records of my hours?

Yes. Employers are required by law to keep accurate records of hours worked and wages paid for each employee. Failure to do so can result in penalties.

Can my employer retaliate against me for filing a wage claim?

No. It is illegal for an employer to retaliate against or fire an employee for filing a wage claim or complaining about wage and hour violations.

What should I do if I am not paid my final wages after leaving a job?

California law requires immediate payment of final wages upon termination and within 72 hours for voluntary resignations. If you are not paid, you can file a waiting time penalty claim with the Labor Commissioner.

How long do I have to file a wage claim in California?

Generally, you have up to three years to file a wage claim for most violations, but the time frame may vary depending on the type of violation. It is best to act as soon as possible.

Additional Resources

If you need more information or assistance related to wage and hour laws in California, consider these resources:

• California Department of Industrial Relations (DIR)
• Division of Labor Standards Enforcement (DLSE) or California Labor Commissioner’s Office
• Local Bar Association Lawyer Referral Services
• Legal Aid at Work
• California Employment Lawyers Association (CELA)
• U.S. Department of Labor Wage and Hour Division

These organizations provide helpful information, forms, and sometimes free or low-cost legal assistance.

Next Steps

If you believe your wage and hour rights have been violated, start by gathering evidence, such as pay stubs, time records, and any correspondence with your employer. Review the wage and hour information specific to your situation and communicate your concerns with your employer where appropriate. If the issue is not resolved, you may file an official complaint with the California Labor Commissioner or consult an employment law attorney for advice and representation. Many lawyers offer free consultations and can help advise you on the best path forward based on your circumstances.