Wage and Hour Violations

In California, employees have various protections regarding wage and hour laws, including minimum wage, overtime pay, and meal and rest breaks. Navigating these laws can be complex due to the numerous regulations in place. Speaking with an experienced wage and hour attorney is essential to ensure that you fully understand your rights and receive all the compensation to which you are legally entitled. An experienced attorney, like those at Hosseini Legal, can provide guidance on your specific situation, help you identify any violations, and assist in pursuing any necessary claims. Understanding these protections and having the right support can significantly impact your employment experience and rights.

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

Misclassification of employees can have significant consequences for workers. Employers often misclassify employees as independent contractors to reduce their costs, leading to fewer benefits and lower pay for you — the employee. If you find yourself being classified as a 1099 worker, it is essential to evaluate your situation, as this may mean you were misclassified. Consulting with an experienced employment attorney can clarify your status and inform you of your rights.

Exempt employees are typically paid a salary and do not qualify for overtime pay, meal breaks, or rest periods. However, not all employees can be classified as exempt; they must fulfill specific criteria set forth by law. Misclassification can result in serious financial repercussions for employees, including the potential recovery of unpaid wages, damages, penalties, and more. It is important to understand your classification and seek legal assistance if you think you were misclassified to protect your rights.