Employment Law Attorneys

Wage & Hour Violations

Wage & hour violations can include issues pertaining to unpaid wages, overtime violations, double time violations, meal and rest break violations, minimum wage violations and incorrect wage statements. Such penalties may include penalties that involve time and wait penalties and interest.

Examples and definitions of wage & hour violations

  • Overtime: California employees are entitled to be paid one and one-half times their regular rate of pay for hours worked in excess of 8 hours in a day or 40 hours in a week as well as the first 8 hours on the seventh workday in a workweek. Additionally, employees are entitled to be paid double time pay for work over 12 hours in a workday and after 8 hours on the seventh workday in a workweek.
  • Meal breaks: Although there are a few exceptions, employees in California are entitled to a 30-minute duty free and uninterrupted meal break when they work more than five hours per workday. If an employee is interrupted, or the employee is required to work or to take less than a 30 minute meal period, then the meal period is considered to be on duty and the employer must pay the employee one hour of pay at their regular rate of pay.
  • Rest breaks: Similar to meal breaks, a few exceptions do exist. Employees in California are entitled to an uninterrupted and duty free 10-minute rest break for every four hours of work or major portion of four hours they work, each workday. If an employee is interrupted, or the employee is required to work or to take less than a 10-minute rest period, then the employer must pay the employee one hour of pay at their regular rate of pay.
  • Minimum wage: in California employees are entitled to be paid at least a minimum wage based on California law. Beginning on January 1, 2019, employers with 26 or more employees must pay their employees a minimum wage of $12.00 per hour and employers with 25 or fewer employees must pay their employees at least the minimum wage of $11.00 per hour. In some cities or counties in California a higher minimum wage may apply. Similar to meal and rest breaks, some exceptions may apply.
  • Failure to reimburse: Any expense(s) acquired by the employee to perform the tasks the employer requires must be reimbursed back to the employee. Additional wage requirements apply when an employee is required to purchase their own equipment/tools. For example, an auto technician who needs to purchase their own tools to perform their job duties and the employer fails to reimburse the employee, the employee must be paid at least twice the minimum wage.

What is Prevailing Wage?

Under California law prevailing wage rates are set by statute for contractors and sub-contractors that perform work on state, municipal and local public works projects

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