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All employees in the Golden State are protected by standing rules and regulations that ensure you are paid what you earn. However, it can be confusing to know which apply to you, and if your employer is violating any statutes. Asbill Law Group is here to explain some of the most important California wage and hour laws.
About Us
Asbill Law Group is committed to helping the people of Elk Grove, Sacramento, Modesto, and other cities across Northern California with their wage-and-hour legal matters. Our founder, Natalia D. Asbill-Bearor, focuses primarily on business litigation and employment law. Her fierce advocacy has earned a five-star overall rating on the legal site Avvo, where clients can leave reviews.
Overview of Wage and Hour Violations in California
Wage and hour violations can take many forms in California. One of the most common types of violations is minimum wage theft. On average, workers in the Los Angeles, San Francisco, San Diego, and San Jose metro areas lost 20% of their paycheck annually from 2014 to 2023. It is estimated that, during the nine years studied, affected employees had between $2.3 and $4.6 billion stolen each year.
Workers filing complaints with state agencies face delays in results. At the end of fiscal year 2022-20223, the Labor Commissioners’ Office (LCO) had a backlog of 47,000 cases. Over 2,800 claims had been open for at least five years, with unpaid wages worth more than $63.9 million.
Wage and hour disputes in California can be pursued as a civil claim in your county’s Superior Court or reported to the Division of Labor Standards Enforcement. For instance, if you live in Sacramento County, you can submit a complaint through the DLSE district office at 2031 Howe Avenue, Suite 100, Sacramento, CA 95825.
Key Wage and Hour Laws in California
State law has many rules and regulations for how employers compensate employees for their labor. The following are a few categories important for all Californians to know:
- Minimum wage. In January 2025, the statewide minimum wage increased from $16 to $16.50 per hour across California, regardless of employer size. Some industries have a higher base pay. Fast-food workers in the state must be paid at least $20 an hour. Healthcare workers have standard hourly rates ranging from $18.63 to $24, depending on their specialty.
- Meal regulations. In California, you are mandated to take an unpaid meal period of at least 30 minutes if you work more than 5 hours in a day. If you work over 10 hours, you must have the option of a second 30-minute meal break.
- Rest breaks. Most employees in California are required to have one ten-minute paid break for every four-hour work period. Exact figures and regulations can vary by industry.
- Overtime. All work over 40 hours in a workweek counts as overtime and must be compensated at time-and-a-half pay. If you work more than 12 hours in one day, you are owed double your normal hourly rate.
- Off-the-clock work. In California, off-the-clock work is illegal. You must be compensated for all hours worked, and an employer requesting any uncompensated labor is grounds for a wage theft claim.
- Final pay. After quitting a position or being fired, you are owed full wages within 72 hours.
- Wage Statements. Employers are required to provide nine data points on all pay stubs. These include gross wages earned, hours worked, taxes, and any deductions.
- Reimbursement for necessary expenses. Employers must reimburse their employees for all expenses necessary for their position. One example is if a worker pays out of pocket for required tools.
FAQs
What Is the 7 Minute Rule for Payroll in California?
The 7-minute rule refers to federal regulations employers use to round an employee’s work time to the nearest quarter hour. Companies typically round if the time worked is 1-7 minutes over the hour mark. California only allows this practice if it remains impartial. The Sixth Appellate District Court ruled against the custom in a recent case involving Home Depot.
How Long Does a Wage and Hour Dispute Take to Resolve in California?
How long it takes for your wage and hour claim to resolve in California can change drastically depending on the extent of the infractions, court workload, and the complexities in your case. In 2023, the LCO reported that the median case took 854 days to reach an official decision. Speak with a wage and hour attorney who can assess the specifics of your situation and provide a rough timeline.
Do You Need a Lawyer for a Wage and Hour Claim in California?
California state law does not legally require you to have a lawyer to submit a wage and hour claim to the LCO or other state agency. However, hiring one can provide many key benefits to your case. Someone experienced in employment law can help avoid common mistakes, expedite the process, and explain your rights when you’re debating your options. Filing a complaint against an employer can be intimidating, but you don’t have to do it alone.
What Is the 72 Hour Rule in California?
The 72-hour rule is an important regulation in California that ensures employees are paid promptly. California Labor Code Statute 202 dictates that all earned wages are payable within 72 hours of you either quitting or being terminated. Failure to do so results in a penalty of one full day of wages owed for each day missed, with a maximum of 30 days.
Hire a Wage and Hour Lawyer
Wage and hour disputes can be complex undertakings to handle on one’s own. Hire a wage and hour lawyer to help you at each stage of your case. They can advise you whether to pursue a civil claim or a DLSE case, collect supporting evidence, and fight for the compensation you are owed.
Contact us today to schedule your initial consultation, where we can hear your story, discuss your rights, and explore potential legal strategies that can get what you are owed. You may also visit our Sacramento office, located on Howe Avenue north of the American River and East of Guy West Bridge.