Wage and Hour violations are employment law violations that occur when employees are not paid for the hours they work or are denied breaks or other provisions legally mandated by California law.
Many employers assume that their employees do not know or understand their legal rights as workers in the state of California and attempt to take advantage of them by denying proper breaks or making their position salaried so they can avoid paying their employees overtime.
Most employment law cases deal with wage and hour laws. It is easier to form a wage and hour case against an employer since much of the relevant information needed is recorded in emails or can be confirmed by other employers.
Because employee policies at most workplaces do not differ between job classifications, wage and hour cases often become class-action employment law cases, in which many current and former employees file a lawsuit against the employer to recover their lost wages.
If you feel you are not being paid accurately for the work and overtime you put into your place of work, contact our California wage and hour lawyer now at (800) 561-4887 for your free consultation.
Wage and Hour Law Resources
Wage and Hour Laws in California (Updated 2026)
Wage and hour violations occur when employers fail to pay employees correctly for all hours worked, deny legally required breaks, or misclassify workers. California law is significantly more protective than federal FLSA rules, and violations often lead to class actions or PAGA claims.
Statewide minimum wage is $16.90 per hour. The salary threshold for most exempt employees is $70,304 per year ($1,352 per week). Many cities and industries have higher rates. Always verify current rates.
Other Important Wage & Hour Protections
Reporting Time Pay: At least 2–4 hours’ pay if the employee reports, but work is unavailable.
Compensable Time: On-call time, travel time (if part of the job), training, donning/doffing PPE, and remote work after-hours emails/texts.
Split Shift Premium: One extra hour of pay when a split shift occurs.
Recordkeeping: Employers must keep accurate time and pay records for at least 3–4 years.
IWC Wage Orders: 17 industry-specific orders govern details. Determine which applies to your job at dir.ca.gov.
Lunch and Breaks
California businesses must allow lunch breaks and 10-minute breaks for their employees. The breakdown of these requirements is as follows:
- 30-Minute Lunch Breaks:
Employees must be given a 30-minute unpaid lunch break within the first 5 hours of work, unless their shift is completed within 6 hours. Employees must not be required to work or to be on the premises during their break. If company policies require employees to be on the premises during their lunch period, the lunch period must be paid. - Second Lunch Break:
If an employee works more than 10 hours, a second 30-minute lunch break must be given by the end of the 10th hour of work. An employee does not have to take this lunch break if their shift does not last longer than 12 hours, if a first meal break was taken. - 10 Minute Paid Rest Breaks:
Rest breaks must be given every 4 hours on the clock. Employees must rest in areas separate from bathrooms and the rest of the work area. Unlike meal breaks, employers can require that workers stay on company premises, as they are paid for these break periods. Industries that may be exempt from this law include construction, mining, drilling, and other jobs requiring high levels of physical activity.
Right to Waive Breaks
Lunch Breaks: Employees can take on-duty meal breaks only with the express agreement in writing between employee and employer. This agreement can be revoked at any time by the employee.
Rest Breaks: Employees are not required to take their rest breaks if they are aware that they have the option to do so.
Exceptions
Some industries, such as the medical, construction, and film industries, have some exceptions to these laws. Industries that would be detrimental to company operation to provide breaks are often governed by different laws, requiring made-up rest periods or additional pay for rest periods not taken. (for example, the crew on a commercial fishing boat or employees at 24-hour care facilities)
If you are unsure of your rights to rest and meal breaks, our California wage and hour attorneys can answer any questions during your free consultation and help you take legal action if your rights have been violated.
Penalties for Not Allowing Breaks
If an employer fails to provide meal breaks and 10-minute breaks for their employees, they can be required to pay the employee as a penalty – 1 hour of pay for every day that a meal period was missed, and 1 hour of pay for every day that a break was not provided.
California law regarding breaks is complex and does not always appear in one place. For example, most of the legislation regarding break periods can be found in the labor code section 512, but the industrial welfare commission (IWC) wage orders also regulate the rights of the employees of specific industries and the exceptions in break laws for their shifts.
Because the laws are complicated, it is best to consult one of our California wage and labor law attorneys if you believe your rights as an employee are being violated.
Contact Bisnar Chase to schedule a consultation or to answer any questions you may have regarding wage and hour law.
Overtime and Exempt Status
Overtime Pay
Non-exempt employees must receive overtime at 1.5x the regular rate after 8 hours in a workday or 40 hours in a workweek and for the first 8 hours on the 7th consecutive workday.
2x regular rate: After 12 hours in a workday or after 8 hours on the 7th consecutive workday.
Regular Rate Calculation: Includes base pay + most bonuses, commissions, and non-discretionary payments. This is critical for accurate overtime.
Alternative Workweek Schedules (AWS) can modify daily overtime rules if properly implemented with employee votes and approval.
Who Is Exempt from Earning Overtime?
To be exempt from overtime, an employee must meet both the salary threshold and the specific duties test. Salary alone is not enough.
2026 Salary Threshold: At least $70,304/year ($1,352/week) for executive, administrative, and professional exemptions. The salary threshold is higher for computer professionals (approximately $122,573/year) and certain physicians.
Common Exempt Categories (Duties Tests): Executive: Primarily manages the business or a department, regularly directs the work of 2+ employees, and has the authority to hire/fire or influence those decisions.
Administrative: Primarily performs office/nonmanual work directly related to management or general business operations and exercises discretion and independent judgment.
Professional: Learned professional (advanced knowledge in a field requiring prolonged study, e.g., law, medicine, engineering) or creative professional (original artistic/creative work).
Other Exemptions: Outside salespeople, certain computer professionals, etc.
Employee vs. Independent Contractor: California uses the strict ABC Test. A worker is an employee unless the employer proves (A) freedom from control, (B) work outside the hiring entity’s usual business, and (C) engagement in an independently established trade. Misclassification is extremely common and costly.
Other Exempt Employees
Other exempt employees include:
- Employees of the State
- Outside Salespeople
- Immediate Relatives of the Employer
- National Service Program Employees
- Drivers (Cab, Bus, Farm Vehicle)
- Actors
This list is by no means comprehensive. If you would like to learn more about who is exempt, visit the California Department of Industrial Relations page on overtime laws.
Other Requirements
In general, to be exempt from overtime pay, you must also earn a salary that is higher than 2 times California’s minimum wage of $10/hr. This equals a yearly salary of $47,476. If a salaried employee is not making this number, he or she cannot be qualified as exempt from overtime.
Penalties for Not Paying Overtime
The number of penalties that can be assessed against a company for not paying overtime or misclassifying your employees as exempt can add up to be significantly more than the amount it would cost to pay them overtime in the first place.
If you have not received your overtime wages, you can first file a wage claim with the labor commissioner’s office, and if you no longer work at that position, you can file a lawsuit for a waiting time penalty, which can pay out a day’s wages for each day you have been waiting for your overtime payment – up to 30 days.
If you have not been receiving overtime payments, it is very likely that your employer has also been violating laws regarding proper wage statements, which can also increase your payment from the employer by up to $4,000. Our California wage and hour lawyers can help you analyze and dispute inaccurate wage statements.
Pay Stub Access
As part of the California labor code, employers are required to give their employees a statement every time they are paid with the following information:
- Gross Wages Earned
- Total Hours Worked (Except for Exempt Employees)
- Piece-Rate Units Earned and Piece-Rate if Employee is Paid on a Piece-Rate Basis.
- All Deductions
- Net Wages Earned
- Pay Period Dates
- Name and Last 4 Digits of Employee Social Security Number
- Name and Address of Employer
- Applicable Hourly Rates in Effect
Since those employers who do not pay overtime do not include overtime on their pay stubs, they are usually also in violation of this law requiring complete pay stubs.
Final Pay Rules:
- If fired: All wages due immediately (same day).
- If quits: Within 72 hours. Includes all earned wages, accrued vacation/PTO, commissions, etc.
Waiting Time Penalties:
(Labor Code §203) allows for up to one full day’s wages for each day that the final pay is late, up to 30 days. This provision is a powerful remedy and is frequently litigated.
Penalties for Insufficient Pay Stubs
Employers who willfully ignore these laws are required to pay $50 dollars for the first pay period in which the violation occurs, and $100 per employee for each pay period violation after that up to $4,000 dollars. Employers may also be required to pay costs and attorney fees for their employees if a lawsuit is filed.
Minimum Wages in California
As of January 1, 2026, California’s statewide minimum wage is $16.90 per hour. The exempt salary threshold is $70,304 per year ($1,352/week). Many cities/counties and industries (fast food and healthcare) have higher rates.
Minimum wage laws exist at the federal, state, and local levels. Employers must follow the highest minimum wage law set by any of these entities, and workers cannot agree to work for a lesser wage.
There are only a few exceptions to minimum wage laws:
- Outside salespeople are exempt from minimum wage laws.
- Parents, spouses, or children of the employer are exempt.
- Apprentices under state apprenticeship standards.
- During their first 160 hours of employment, trainees may be paid at least 85% of the minimum wage.
Unlike under federal law, tipped waitstaff in California are not allowed to be paid a lower wage, and their tips cannot offset the employer’s per-hour wage. Wait staff must be paid at least minimum wage in addition to the tips they receive.
If you are concerned that your employer is not paying you the highest minimum wage possible as dictated by law, one of our California wage and hour attorneys may be able to help you seek compensation for your losses.
Local minimum wages (often higher): Los Angeles City:
- $18.42/hour (July 2026)
- Los Angeles County (unincorporated): $18.47/hour
- Many Bay Area cities exceed $18–$20/hour
Industry-specific rates (higher in many cases): Fast food:
- $20.00/hour (statewide)
- Healthcare facilities: $23–$25/hour, depending on facility size
Key Rules:
- Employers must pay the highest applicable rate (state, local, or industry).
- No tip credit in California — tipped employees get full minimum wage + tips.
- Exceptions are limited (e.g., outside salespeople, certain family members, and apprentices).
- Penalties for failure to pay minimum wage can include back wages, interest, liquidated damages, and attorney fees.
Equal Pay for Women
Thanks to President John F. Kennedy, the Equal Pay Act of 1963 ensures that men and women are paid the same wages for the same work in a similar classification.
Although the federal government protects the wage rights of workers of all genders, there are groups and organizations that claim women are still marginalized in the workplace and that, currently, women on average make $0.80 for every $1.00 a man earns for the same amount of work in the same position.
Being paid equally for the work that you perform is your legal right. The law states that all workers must be paid the same rate of wage if the work is of equal value and the job classifications are similar to each other. There are no exceptions to this universal law in America.
If you feel that the wage that you are receiving for the work you have put in does not accurately reflect the labor that you perform or that you have become a victim of gender discrimination in the workplace, our California wage and hour lawyers may be able to help you out.
The best way we can help you is if you set up a free consultation with us. We will sit down with you and discuss the facts of your case. If your case qualifies you for compensation, we will fight relentlessly to ensure justice is served.
Wage and Hour Attorneys in California
Enforcement & Remedies
- File with DLSE (Labor Commissioner) — free but slower.
- Private lawsuit (individual or class action).
- PAGA claims—allow recovery of civil penalties on behalf of all affected employees.
- Statutes of limitations: Generally, 3–4 years for most wage claims; up to 3 years for equal pay.
- Remedies often include back pay, penalties, interest, attorney fees, and costs.
You need evidence of wrongdoing and willful disregard for the law to have a good wage-and-hour case against an employee.
If you contact our wage and hour attorney, they will help you gather the evidence you need, and the sooner you start, the more you can collect. Wage and hour victims can be compensated for missing breaks, being classified incorrectly as exempt, not being paid according to the law, and not being provided with accurate pay stubs.
One of our clients, who worked for a payday loan company, received a $2 million settlement for their class of employees, and that is just one of many settlements we have secured for our clients. Call us today to set up your free case review.
Ian Silvers
Ian Silvers is a partner and trial lawyer at Bisnar Chase, specializing in wage and hour class action cases for workers and other employee rights in California.
