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Smith Law

Wage and Hour

California employees have the right to be paid properly for the work they perform. Wage-and-hour violations can occur when an employer fails to pay all required wages, does not accurately record working time, or improperly classifies a worker to avoid employment obligations.

Common issues may include:

  • Unpaid minimum wages
  • Unpaid overtime
  • Work performed before clocking in or after clocking out
  • Missed, interrupted, or late meal periods
  • Denied rest periods
  • Improper deductions
  • Unpaid commissions or earned vacation
  • Late or incomplete final wages
  • Inaccurate wage statements
  • Misclassification as exempt or as an independent contractor

California generally requires covered nonexempt employees to receive overtime compensation when they work more than eight hours in a workday or more than 40 hours in a workweek. Covered employees may also be entitled to meal and rest periods, timely wage payments, and accurate records of their pay and hours.

Workers may file wage claims to recover unpaid wages or benefits, and California labor protections apply regardless of immigration status.

Smith Law helps employees identify potential wage violations, calculate unpaid compensation, and understand their available options.

You worked for your wages, and you deserve to be paid correctly. Contact Smith Law to discuss a possible wage-and-hour violation.

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Frequently Asked Questions

Common issues include unpaid overtime, missed or shortened meal and rest breaks, employee misclassification
(being labeled exempt or an independent contractor incorrectly), unpaid off-the-clock work, and failure to pay
final wages promptly after termination.

Job title alone doesn't determine exempt status. California uses specific duty and salary tests, so an employee
labeled "manager" or "exempt" may still be entitled to overtime if their actual day-to-day duties don't meet the
legal requirements.

California law generally requires a 30-minute unpaid meal break for shifts over five hours and paid 10-minute rest
breaks for every four hours worked. If these aren't provided, you may be owed an extra hour of pay for each
violation, per day.

Most wage claims must be filed within three years, though certain claims may reach back up to four years under
California's Unfair Competition Law. An attorney can determine the applicable period for your specific claims.

Depending on the violation, you may be entitled to unpaid wages, overtime, meal/rest break premiums, interest,
and in some cases additional penalties against the employer.