Overtime, Wage Theft and Unlawful Pay

We have handled many cases involving claims for unpaid wages. If your employer has failed to comply with vital workplace protections regarding your pay or time worked, the law is on your side.

Overtime, Wage Theft & Unlawful Pay Practices Come In Many Forms

California law mandates overtime pay for hours worked beyond set thresholds, protects against wage theft by ensuring employees receive due compensation, and prohibits unlawful pay practices, promoting fair labor standards and equal pay for equal work. California’s labor laws are comprehensive and designed to protect employees across several fronts:

Overtime Pay

Employees are entitled to overtime pay at a rate of 1.5 times their regular rate of pay for all hours worked over 8 hours in a single day or 40 hours in a week, and double time for hours worked beyond 12 in a day. This ensures that workers are fairly compensated for long hours.

Wage Theft Prevention

California combats wage theft through stringent regulations that require employers to pay agreed-upon wages on time. This includes final paychecks promptly after termination or resignation, with specific timelines for final wage payments depending on the circumstances of employment termination. Employers failing to adhere to these regulations may face penalties, including paying the owed wages plus interest and additional fines.

Unlawful Pay Practices

California has rules against unfair pay differences. This means if two people do basically the same job, they should get paid the same, no matter their gender, race, or where they’re from. The law says bosses have to keep track of how much everyone is paid and be open about it if someone asks. If a company doesn’t follow these rules, they might have to pay back the money they owe, plus extra fines and the cost of any legal action.

The state really cares about making sure everyone at work is treated fairly, gets paid what they deserve, and that everyone has the same chance to earn a good wage.

If you feel like you’re not getting paid right, whether it’s not getting overtime pay, your final paycheck on time, or being paid less for no good reason, there’s a place in California where you can complain (the Labor Commissioner’s Office). They can help you sort it out, or you might decide to take the issue to court.

Commission

In California, commission-based compensation is regulated by laws that require commissions to be contractually agreed upon, paid in accordance with the terms of the agreement, and compliant with minimum wage requirements.

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Equal Pay

California’s Equal Pay Act mandates equal pay for employees performing substantially similar work, regardless of gender, race, or ethnicity, with exceptions only for legitimate factors such as merit, seniority, or productivity.

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Gender Pay Gap

California’s gender gap laws aim to reduce wage disparities by enforcing equal pay for substantially similar work across genders and requiring transparency in salary ranges, promoting gender equality in the workplace.

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Misclassification

Employers sometimes improperly classify their employees as “managers” or as “independent contractors,” to prevent those employees from receiving meal and rest breaks or overtime.

An employee who is classified as a “manager” but required to do non-managerial tasks may be entitled to unpaid overtime as well as compensation for meal and rest period violations. Similarly, an employee who is improperly classified as an independent contractor, but treated like an employee, may be entitled to compensation.

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Off-the-Clock

Work that is “off the clock” is any work performed for an employer that is not compensated at either the regular or overtime rate. “Off-the-clock” work varies by employer and even industry. Essentially, all job-related activities that benefit the employer should be part of the employee’s paid time.

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Overtime Pay

California’s overtime laws require employers to pay employees one and a half times their regular rate of pay for hours worked beyond 8 in a day or 40 in a week, and double time for hours worked beyond 12 in a day.

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Tip Pooling

“Tip pooling” is the practice of gathering some or all of the tips earned by several employees, and then splitting them up in previously-agreed percentages. In California, employer-mandated tip pooling is generally considered legal, as long as certain conditions are met.g, firing, promotions, and job assignments.

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Unpaid Wages

California law mandates that employees who are not paid wages due are entitled to recover unpaid wages, plus penalties and interest, through a claim with the Labor Commissioner’s Office or a court action.

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Wage Gap

California’s wage gap laws are designed to ensure equal pay for comparable work, regardless of gender or ethnicity, and enforce transparency in pay scales to combat systemic wage disparities.

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Vacation Pay

An employee who is terminated or laid off must be paid all of his or her earned and unpaid wages, including unused vacation or other paid time off, at the time of termination.

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Our Approach

Our Practices are Guided by Integrity. We’ll protect what you deserve.

We work tirelessly and fight tenaciously to hold rights abusers accountable.

If you’ve experienced a distressing incident related to an issue like this, call us for a free case evaluation.

Did You Know?

Meal & Rest Breaks

California employees are entitled to uninterrupted meals and rest breaks during their workday.

Misclassification

An employee who is improperly classified as an independent contractor, but treated like an employee, may be entitled to compensation.

Off-the-Clock Work

All job-related activities that benefit the employer should be considered part of the employee’s paid time.

Is It Illegal, or Just Unfair?

Legal cases can be lengthy, complicated, and confusing, but you don’t have to take on the system all by yourself. If you believe someone has violated your individual rights, or the rights of a large group of people in your community, we can help you find the right course of action.

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Overtime, Wage Theft and Unlawful Pay

Overtime, Wage Theft & Unlawful Pay Practices Come In Many Forms

Our Approach

Did You Know?

Is It Illegal, or Just Unfair?

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