Understanding State Wage and Hour Laws
California’s labor laws aim to protect the rights and well-being of workers, ensuring they are fairly compensated for their time and effort. Here are some of the key wage and hour laws that significantly impact employees in the state.
Minimum Wage
- California’s minimum wage has been gradually increasing since January 2019, providing better remuneration for workers.
- As of 2022, employers with up to 25 employees must pay a minimum of $14.00 per hour, while larger employers must pay $15.00 per hour.
- Starting January 2023, all employers, regardless of size, must adhere to the $15.50 hourly minimum wage requirement.
- Notably, tipped employees in California are entitled to the same minimum wage as non-tipped employees, setting it apart from some other states where tipped workers receive lower pay.
Overtime
- California overtime laws mandate employers to pay one and one-half times the regular hourly wage for every hour worked beyond eight hours a day or over 40 hours per workweek or 8 hours per day.
- Some exemptions and exceptions to the general overtime law exist, so employers should ensure they understand and apply these rules appropriately.
Breaks
- All employees in California are entitled to a 30-minute unpaid meal break after working for five hours.
- Employees are entitled to a 10 minute period of rest for every four hours they work.
- A second 30-minute break is required if an employee works more than 12 hours in a day.
A Basic Overview of How to File a Wage and Hour Claim in California
If you believe your employer has violated California’s wage and hour laws, you have the right to take action. Here is a step-by-step overview of what to expect:
Step 1: Document Everything
When preparing for any legal dispute, you need to gather as much evidence as you can. Gather old pay stubs, timesheets, and schedules. Also, search your emails and files for written communications with your employer regarding your hours or pay. If you have coworkers who experienced similar violations, their accounts may also be valuable.
Step 2: Work With the Right Attorney
Before filing anything, it is important to speak with a Los Angeles wage and hour attorney. Many wage and hour violations are more complex than they appear, and having legal guidance early can protect you from costly mistakes.
Step 3: File a Claim With the Appropriate State Agency
The Division of Labor Standards Enforcement (DLSE) is the agency that investigates wage theft and other violations of state law on behalf of employees. You have the option of filing a wage claim with this agency. There is no filing fee, and the process can result in recovering unpaid wages, interest, and penalties.
Step 4: File a Civil Lawsuit
Alternatively, your attorney can file a civil lawsuit directly in court. This is often the more effective route when the violations are widespread or especially severe. A civil claim allows you pursue a broader range of damages than you could get with a successful DSLE claim.
Step 5: Be Careful About Deadlines
In most cases, you have three years to file a claim for unpaid wages in California, and two years under federal law. Missing these deadlines can permanently bar your right to recovery, so it is critical to act promptly.
Step 6: Let Your Attorney Fight for You
Once your claim is filed, your attorney will handle negotiations, gather additional evidence, and represent you throughout the process. At LNN, our lawyers work tirelessly to make sure every dollar you are owed is recovered.
Your Wage And Hour Claim Questions, Answered
Below, we have provided answers to some questions you may be asking about wage and hour claims in California.
Can I file a claim if I still work for the employer who committed wage theft?
Yes. You do not have to wait until your employment ends to take action. Under California law, your employer cannot retaliate against you for asserting your wage rights. If you do experience retaliation, that may give rise to an additional legal claim.
How much can I recover?
If your claim is successful, you may be entitled to recover all unpaid wages, interest on those wages, civil penalties, and, in some cases, attorney’s fees and costs. The exact amount depends on the nature and duration of the violations.
I’m not sure I should be considered an independent contractor. What are my options?
Misclassification as an independent contractor is a common problem, precisely because contractors are not entitled to the same protections and benefits as workers. However, you may not be an independent contractor just because your employer labeled you that way. California applies one of the strictest tests in the country for determining worker classification.
How long will my wage and hour case last?
Every case is different. Some claims are resolved through the Labor Commissioner’s process in a matter of months, while others may take longer if litigation is necessary. Your attorney at LNN can give you a clearer timeline once your specific circumstances have been evaluated.
Can I file a wage and hour claim without a lawyer’s help?
It is certainly possible to take action on your own, but having an experienced attorney greatly improves your chances of a successful recovery. Your employer will almost certainly have a legal team on its side. You should, too.
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