Wage and Hour Violations

In California, many employees have protections in the form of minimum wage, overtime, and meal and rest break laws. There is a large number of rules and they can be complicated. Speaking with an experienced wage and hour attorney is crucial to ensure that you are receiving what you are legally entitled to.

Wage and hour violations come in many forms. The following are the most common types of violations of employment laws and key concepts about these issues that Hosseini Legal sees on a regular basis.

Meal and Rest Break Violations

California employers are required to give non-exempt employees meal breaks and rest breaks. Specifically, non-exempt employees are entitled to the the following:

• A 10-minute rest break for every 4 hours of work,

• A 30-minute meal break if you work more than 5 hours in a day, and

• A second 30-minute meal break if you work more than 10 hours in a day 

If you are not receiving your legally required breaks, you could be entitled to damages. Contact Hosseini Legal today to discuss your situation and see if your employer owes you damages.

Minimum Wage Violations

California has a required minimum wage and it applies to all employers regardless of the employer’s size or number of employees. It is illegal for your employer to pay you less than minimum wage or force you to work off the clock.

In 2023, the minimum wage for California employees is $15.50 per hour. Certain cities in California have higher minimum wage requirements.

Overtime Violations

Generally, California employers must pay overtime for any time worked that is:

• More than 8 hours in a single workday,

• Over 40 hours of work per workweek, or

• The first 8 hours of the 7th consecutive workday in one workweek. 

Overtime is time and a half (1.5x) your regular pay rate. Double overtime (double your regular rate of pay) must be paid if you work more than 12 hours in a single day or more than 8 hours on the 7th consecutive workday in a workweek.

Employee Misclassification

Many times, an employer misclassifies employees to offer few, if any, benefits or less pay. If your employer is asking you to be a 1099 worker, you may be misclassified and should speak to an experienced employment attorney.

When an employee is exempt, they are paid a salary and not entitled to overtime or meal and rest breaks. An employee can only be considered exempt when they meet certain requirements.

If you are misclassified, either as exempt or a 1099 independent contractor, you may be entitled to unpaid wages, damages, penalties, and more.