California’s wage and hour laws provide some of the nation’s strongest protections for workers, with strict requirements for overtime, meal breaks, accurate pay, and penalties that make violations costly for employers.

California’s Comprehensive Wage and Hour Laws
Minimum Wage Violations
Overtime Pay Violations
Meal and Rest Break Violations
Pay Stub and Record-Keeping Violations
Employee Classification Issues
Penalties and Remedies Available
How Law Offices of Todd M. Friedman, P.C. Can Help

California’s Comprehensive Wage and Hour Laws

California’s wage and hour laws exceed federal requirements in nearly every category, providing Los Angeles workers with some of the strongest pay protections in the United States. These laws cover everything from minimum wage and overtime to meal breaks and accurate pay stubs.

Key Differences from Federal Law:

Daily Overtime: California requires overtime pay for hours over 8 per day, not just over 40 per week.

No Tip Credit: Unlike federal law, California doesn’t allow employers to count tips toward minimum wage—tips are in addition to full minimum wage.

Meal and Rest Breaks: California mandates specific meal and rest break requirements with premium pay for violations.

Higher Thresholds: California often has higher salary thresholds for exemptions and stronger penalties for violations.

Broader Coverage: Many California protections apply to smaller employers and more categories of workers.

Sources of California Wage Law:

Labor Code: California’s primary wage and hour statutes.

Wage Orders: Industry-specific regulations from the Industrial Welfare Commission.

Local Ordinances: City and county minimum wage and sick leave laws.

Court Decisions: California Supreme Court and appellate court interpretations of wage laws.

This comprehensive framework creates multiple avenues for recovering unpaid wages and holding employers accountable for violations.

Minimum Wage Violations

Minimum wage violations remain common despite clear legal requirements. Understanding your rights helps ensure you receive proper compensation.

Current California Minimum Wage Requirements:

State Minimum: $16.50 per hour (effective 2025) for all employers regardless of size.

Local Rates: Many cities have higher rates:

Los Angeles City: $17.87/hour
Los Angeles County: $17.81/hour
West Hollywood: $19.65-$20.22/hour
Santa Monica: $17.81/hour
Pasadena: $18.04/hour

Industry-Specific Rates:

Healthcare workers: $24.00/hour (for covered employees)
Fast food workers: $20.00/hour (for covered establishments)

Common Minimum Wage Violations:

Paying Below Required Rate:

Using state rate when higher local rate applies
Failing to update wages when rates increase
Misclassifying work location to pay lower rate
Paying training wages below minimum

Improper Deductions:

Deducting for uniforms, tools, or equipment
Taking excessive meal or lodging deductions
Charging employees for business expenses
Deducting for cash register shortages or customer walk-outs

Off-the-Clock Work:

Requiring work before clocking in or after clocking out
Unpaid prep work, setup, or cleanup time
Mandatory unpaid meetings or training
Unpaid time spent putting on/taking off required equipment

Tip Violations:

Using tip credit to reduce wages below minimum (illegal in California)
Requiring tip sharing with managers or supervisors
Taking portions of employees’ tips
Mandatory tip pools that include non-service employees

Overtime Pay Violations

California’s overtime laws are more generous than federal requirements, but violations are widespread.

California Overtime Requirements:

Daily Overtime: 1.5x regular rate for:

Hours over 8 in a workday
First 8 hours on the 7th consecutive day of work

Weekly Overtime: 1.5x regular rate for hours over 40 in a workweek.

Double Time: 2x regular rate for:

Hours over 12 in a workday
Hours over 8 on the 7th consecutive day of work

Common Overtime Violations:

Misclassification as Exempt:

Paying salary but employee doesn’t meet exemption tests
Claiming administrative exemption for clerical workers
Misusing managerial titles for non-supervisory roles
Failing to meet California’s stricter salary thresholds

Incorrect Overtime Calculations:

Using base rate instead of “regular rate of pay”
Failing to include bonuses, commissions, or shift differentials
Incorrect double-time calculations
Paying straight time for daily overtime

Alternative Workweek Violations:

Implementing alternative schedules without proper employee vote
Exceeding 10 hours per day in 4/10 schedules
Failing to pay overtime when alternative schedule is violated

Comp Time Violations:

Private employers giving comp time instead of overtime pay (illegal)
Forcing employees to take comp time
Failing to pay overtime when comp time limits are exceeded

Meal and Rest Break Violations

California requires specific meal and rest breaks, with premium pay when employers fail to provide them.

Meal Break Requirements:

First Meal Break:

Required for shifts over 5 hours
Must be at least 30 minutes
Must begin before end of 5th hour
Employee must be relieved of all duties

Second Meal Break:

Required for shifts over 10 hours
Must be at least 30 minutes
Must begin before end of 10th hour

Waivers:

First meal break can be waived if shift is 6 hours or less
Second meal break can be waived if shift is 12 hours or less and first meal break wasn’t waived
Waivers must be voluntary and in writing

Rest Break Requirements:

Timing and Duration:

10 minutes paid rest for every 4 hours worked
Should be in middle of work period when practicable
Cannot be combined with meal breaks
Employee must be relieved of duties

Calculation:

Shifts 3.5-6 hours: 1 rest break
Shifts 6-10 hours: 2 rest breaks
Shifts 10-14 hours: 3 rest breaks

Common Meal and Rest Break Violations:

Not providing required breaks
Providing late breaks (after legal deadline)
Interrupting breaks with work duties
Requiring employees to remain on premises during meal breaks
Combining rest breaks with meal breaks
Failing to pay premium pay for missed breaks
Automatic deduction policies regardless of whether break was taken

Premium Pay for Break Violations:

When employers fail to provide compliant meal or rest breaks, they must pay one hour of premium pay at the employee’s regular rate for each violation.

Pay Stub and Record-Keeping Violations

California requires detailed pay stubs and accurate record-keeping, with significant penalties for violations.

Required Pay Stub Information:

California Labor Code Section 226 requires pay stubs to include:

Gross wages earned
Total hours worked (for non-exempt employees)
Piece-rate units earned and applicable piece rate
All deductions taken
Net wages earned
Pay period dates
Employee’s name and last four digits of SSN
Employer’s name and address
Hourly rates in effect during pay period

Common Pay Stub Violations:

Missing required information
Inaccurate hours worked
Wrong pay rates listed
Failing to itemize deductions
Not providing pay stubs at all
Electronic pay stubs without proper access

Penalties for Pay Stub Violations:

$50 for initial violation
$100 for each subsequent violation
Maximum $4,000 per employee
Attorney fees for prevailing employees
Additional damages if violations cause harm

Record-Keeping Requirements:

Employer Must Maintain:

Time records showing hours worked
Wage payment records
Employment agreements and policies
Records for at least 3 years

Employee Rights:

Right to inspect own payroll records
Right to copy own records
Employer must provide access within 21 days
Penalties for refusing access

Employee Classification Issues

Misclassification as independent contractors or exempt employees costs workers millions in unpaid wages and benefits.

Independent Contractor Misclassification:

California’s ABC Test: To classify workers as independent contractors, employers must prove ALL three elements:

A – Autonomy: Worker is free from control and direction in performing work.

B – Business: Worker performs work outside the usual course of the hiring entity’s business.

C – Customarily Engaged: Worker is customarily engaged in an independently established trade, occupation, or business.

Consequences of Misclassification:

Unpaid overtime wages
Missed meal and rest break premiums
Lack of expense reimbursement
No workers’ compensation coverage
Missing unemployment insurance
Tax obligations improperly shifted to worker

Exempt Employee Misclassification:

Requirements for Exemption: Must meet ALL three tests:

Salary basis: Fixed predetermined amount not subject to reduction
Salary level: At least $68,640 annually in California (2025)
Duties test: Primarily executive, administrative, or professional duties

Common Misclassification Scenarios:

“Assistant managers” who primarily perform non-exempt duties
Administrative assistants classified as administrative exempt
Sales employees without proper outside sales exemption
Computer workers not meeting strict exemption requirements

Penalties and Remedies Available

California provides powerful remedies for wage and hour violations, making it costly for employers to violate the law.

Unpaid Wages and Damages:

Back Pay: All unpaid wages owed, including:

Unpaid minimum wage
Unpaid overtime and double time
Meal and rest break premiums
Unpaid final wages

Liquidated Damages: Additional damages equal to unpaid wages in some circumstances.

Interest: 7% annual interest on unpaid amounts from date due.

Waiting Time Penalties:

When employers don’t pay final wages on time:

Continuing wages for up to 30 days
Based on employee’s daily rate of pay
Applies to both termination and resignation
Can result in substantial penalties

Labor Code Penalties:

Pay Stub Violations: $50-$100 per violation, up to $4,000 per employee.

Record-Keeping Violations: $750 per employee for initial violation, $1,500 for subsequent violations.

Unlawful Deductions: Recovery of deductions plus interest and attorney fees.

Civil Penalties (PAGA):

Private Attorneys General Act allows employees to recover civil penalties:

$100-$200 per employee per pay period for most violations
Higher penalties for serious violations
75% goes to California Labor and Workforce Development Agency
25% goes to aggrieved employees

Attorney Fees and Costs:

Prevailing employees can recover:

Reasonable attorney fees
Court costs and litigation expenses
Expert witness fees
Deposition and discovery costs

How Law Offices of Todd M. Friedman, P.C. Can Help

At Law Offices of Todd M. Friedman, P.C., we understand that wage and hour violations don’t just harm individual workers—they undermine fair competition and devalue work itself. California’s comprehensive wage laws provide powerful tools to recover unpaid wages and hold employers accountable, and we’re committed to using those tools effectively.

Our Wage and Hour Practice:

Comprehensive Wage Analysis: We review your pay records, work schedule, job duties, and employer policies to identify all potential violations and calculate damages accurately.

Multi-Faceted Claims: We pursue all applicable theories of recovery:

Unpaid minimum wage and overtime
Meal and rest break premiums
Waiting time penalties for unpaid final wages
Pay stub and record-keeping violations
PAGA civil penalties
Expense reimbursement claims

Individual and Class Actions: We handle both individual wage claims and class actions when violations affect multiple employees.

Strategic Case Development: We choose the most effective legal pathway for your situation, whether through Labor Commissioner proceedings, civil litigation, or PAGA actions.

Aggressive Enforcement: We don’t settle for partial recovery—we pursue all wages owed plus applicable penalties and attorney fees.

Protection from Retaliation: We take immediate action if employers retaliate against employees who assert wage rights.

No Recovery, No Fee: We handle wage and hour cases on a contingency basis—you pay no attorney fees unless we recover money for you.

Common Wage and Hour Cases We Handle:

Unpaid overtime and minimum wage violations
Meal and rest break violations
Misclassification as exempt employees
Independent contractor misclassification
Off-the-clock work claims
Waiting time penalties for unpaid final wages
Pay stub and record-keeping violations
Expense reimbursement claims
Tip theft and improper tip pooling
Piece rate and commission payment violations

Industries We Frequently Represent:

Restaurant and hospitality workers
Retail and sales employees
Healthcare and home care workers
Construction and manufacturing employees
Administrative and office workers
Transportation and delivery drivers
Security guards and service workers

What Makes Our Approach Effective:

Detailed Damage Calculations: We work with wage and hour experts to ensure accurate calculation of all amounts owed, including complex overtime calculations and penalty assessments.

Thorough Investigations: We conduct comprehensive investigations, often uncovering additional violations and expanding the scope of recovery.

Multiple Recovery Avenues: We pursue all available remedies under California law, maximizing your potential recovery.

Class Action Experience: When violations affect multiple employees, we have the resources and experience to handle complex class action litigation.

Quick Response: Wage and hour cases often require immediate action to preserve evidence and protect employees from retaliation.

California’s wage and hour laws exist to ensure that every hour you work is properly compensated. When employers violate these laws—whether through simple payroll errors or systematic wage theft—they’re not just cheating individual workers, they’re undermining the entire system of fair compensation.

Common scenarios we see include:

Restaurant workers denied overtime pay and proper break premiums
Retail employees misclassified as managers without management duties
Healthcare workers forced to work through breaks
Construction workers misclassified as independent contractors
Office workers working off-the-clock without compensation
Delivery drivers denied expense reimbursement
Service workers having tips stolen by employers

If you’re experiencing wage and hour violations in Los Angeles or Southern California, don’t wait to take action. Evidence can be lost, records can be altered, and statutes of limitations can expire. California law provides a limited window to recover unpaid wages, but that window won’t stay open forever.

Contact Law Offices of Todd M. Friedman, P.C. today for a free consultation. We’ll review your pay records, analyze your situation under California’s comprehensive wage laws, and help you recover every dollar you’re owed.

Your time has value, and California law ensures you’re paid for every hour you work. Contact us today to enforce your wage rights and hold your employer accountable for violations of California’s wage and hour laws.