Wage and Hour

Wage & Hour Lawsuits

Wage and hour laws in California are designed to protect workers from being exploited by their employers. Unfortunately, many employers violate these laws and take advantage of their employees.

Common wage/hour state law violations in California include:

1) Failing to pay minimum wage. 

• The California minimum wage as of January 1, 2023 was $15.50. As of January 1, 2024, the minimum wage is $16.00 regardless of company size.
• Many California cities and counties have a higher minimum wage. For example, West Hollywood has the nation’s highest minimum wage at $19.08 an hour. For a full list of the minimum wages in each city, see https://laborcenter.berkeley.edu/inventory-of-us-city-and-county-minimum-wage-ordinances/#s-2.
• Certain industries require pay higher than the state minimum wage. For example, beginning in April 2024, fast food workers in California who work for chains with 60 or more locations around the nation will earn at least $20 an hour. In June 2024, health care workers will earn a minimum of $18, $21 or $23 an hour, depending on what type of facility employs them and where they work https://calmatters.org/economy/2023/12/minimum-wage-2024/

2) Failing to pay overtime.

• Employers must pay non-exempt employees “time and a half” overtime (that is, one and a half times their regular rate of pay) for any work in excess of eight (8) hours in one workday, or forty (40) hours in one workweek
• In addition, California wage and hour law requires employers to pay employees “double time” overtime (that is, twice their regular rate of pay) for any work in excess of twelve (12) hours in one workday, or any work in excess of eight (8) hours on the seventh day of a workweek

3) Requiring “work off the clock”

• Employers are required to compensate employees for all hours worked.

4) Failing to provide required meal and/or rest breaks during work periods.

• Most non-exempt California employees who work more than five (5) hours in a workday must be given a meal break of at least thirty (30) minutes.
  • However, if you work no more than six (6) hours in the day, you may agree to waive the meal break. That waiver is typically signed by you at the outset of your employment.
• In addition, employees who will work more than ten (10) hours in a day must receive a second thirty (30) minute meal break. The employee may waive the second break if s/he did not waive the first meal break and will work no more than twelve (12) hours in the day
• Most California employees also must receive a paid ten-minute (10 minute) rest break for every four (4) hours worked.
• If your employer makes you work through your meal or rest break, you must receive premium pay, which is equivalent to one (1) hour of work for each break missed.
  • For example, if you missed a meal break and a rest break during a given day, you should receive two (2) hours of additional pay at your regular hourly rate of pay.
  • Premium pay must be listed on your wage statements. If it is not, your employer is liable to you for civil penalties for issuing you an inaccurate wage statement.

5) Misclassifying employees as exempt from wage/hour requirements.

• Just because you earn a salary does not mean you necessarily are exempt from wage and hour laws.  For more information on whether you are misclassified, please refer to MSD’s misclassification page.

6) Misclassifying employees as independent contractors.

• Just because your employers calls you an “independent contractor,” does not mean you, in fact, are an independent contractor.  For more information on whether you are misclassified, please refer to MSD’s misclassification page.

If you think your employer has violated any wage and hour laws, please contact MSD immediately, so we can advise you of your rights.