Employment Law

Wage & Hour Violations

California has some of the strongest wage protections in the country. If you believe you have not been paid what you are owed, we may be able to help you understand your options.

California Wage & Hour Law

California Employees Have Strong Wage Protections

California's wage and hour laws are among the most protective in the United States. The California Labor Code and Industrial Welfare Commission Wage Orders establish detailed requirements for minimum wage, overtime, meal and rest periods, expense reimbursement, and timely payment of wages.

Wage violations are widespread — and many employees are unaware that their compensation arrangements may not comply with the law. Whether the issue involves unpaid overtime, missed meal breaks, misclassification as an independent contractor, or unreimbursed business expenses, these situations can have meaningful financial consequences for workers.

If you believe your employer may not be paying you correctly under California law, complete our intake form and describe your situation. We'll review it and let you know if it's something we may be able to assist with.

Situations We Hear About

If your experience sounds similar to any of the following, complete our intake form and tell us more.

  • Being paid a flat salary with no overtime, regardless of hours worked
  • Working through meal or rest breaks without additional compensation
  • Being classified as an independent contractor while working like an employee
  • Receiving a final paycheck late or missing accrued vacation payout
  • Having business expenses go unreimbursed
  • Being paid a piece rate with no separate compensation for rest periods
  • Tip pooling arrangements that include managers or supervisors
  • Off-the-clock work required or permitted by an employer

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Common Types of Wage & Hour Violations

California law addresses a wide range of wage and hour issues. Below are the categories we commonly work with.

Unpaid or Underpaid Wages

California law requires that employees be paid at least the applicable minimum wage for all hours worked. If your employer has paid you less than what you are owed — including through unauthorized deductions or miscalculation — that may constitute a wage violation.

Overtime Violations

In California, non-exempt employees are generally entitled to overtime pay for hours worked beyond 8 in a day or 40 in a week, and double time in certain circumstances. Misclassification or improper calculation of overtime is a common issue we hear about.

Meal and Rest Break Violations

California law entitles most employees to a 30-minute meal break for shifts over 5 hours and a 10-minute rest break for every 4 hours worked. Employers who fail to provide these breaks may owe premium pay.

Employee Misclassification

Some employers misclassify employees as independent contractors to avoid paying benefits, overtime, and other legally required compensation. California applies a strict test — the ABC test — to determine worker classification.

Expense Reimbursement

California Labor Code Section 2802 requires employers to reimburse employees for necessary business expenses. This includes mileage, tools, phone use, and other costs incurred in performing job duties.

Final Pay Violations

When employment ends, California law sets strict deadlines for delivery of final wages — including accrued vacation. Employers who fail to meet these deadlines may owe waiting time penalties.

Wage & Hour Cases Require Focused Attention

Wage and hour matters can be technically complex — involving detailed pay records, classification analyses, and California-specific regulations that differ meaningfully from federal law. We take these matters seriously and review each situation carefully before determining whether we may be able to assist.

Brandon Banks handles both wrongful termination and personal injury matters in collaboration with experienced co-counsel where appropriate, doing his best to ensure that the legal resources brought to your situation match its needs.

Ready to Fight for Your Rights?

Not sure where you stand? Tell us what happened and we'll let you know if we can help.