Quick Answer
What are the most common California Labor Code violations?
The most common violations are: (1) unpaid overtime, (2) denied meal/rest breaks, (3) employee misclassification, (4) unpaid wages, and (5) wage statement errors. Penalties range from $50-$25,000 per violation. PAGA claims can result in $100-$200 per employee per pay period. Free consultation: (877) 619-8966.
Overview
California Labor Code contains over 7,000 sections protecting employee rights. Violations can result in civil penalties, private lawsuits, and PAGA claims. Last Updated: October 10, 2025
Most Common Labor Code Violations in California
1. Wage and Hour Violations (Labor Code §§ 200-244)
- Section 204: Failure to pay wages on time (semi-monthly or bi-weekly)
- Section 226: Failure to provide accurate wage statements
- Section 226.7: Failure to provide meal/rest breaks
- Section 510: Failure to pay overtime (1.5x after 8 hours/day or 40 hours/week)
- Penalties: $50-100 per violation + waiting time penalties
2. Meal and Rest Break Violations (Labor Code § 512)
- Requirement: 30-minute meal break for shifts over 5 hours
- Requirement: 10-minute paid rest break for every 4 hours worked
- Penalty: 1 hour of pay for each day meal break denied
- Penalty: 1 hour of pay for each day rest break denied
- Example: Employee working 8-hour shifts denied breaks = $15/hour × 2 hours × 250 workdays = $7,500/year
3. Employee Misclassification (Labor Code § 2750.3)
- Violation: Classifying employees as independent contractors
- Test: ABC Test (AB 5) – must meet all 3 criteria for IC status:
- A. Free from control and direction
- B. Performs work outside usual course of business
- C. Customarily engaged in independently established trade
- Penalties: $5,000-25,000 per violation + back wages + benefits
4. Retaliation (Labor Code § 1102.5)
- Protection: Cannot terminate, demote, or harass for reporting violations
- Whistleblower: Protected for reporting to government agencies
- Remedies: Reinstatement + back pay + front pay + emotional distress damages
PAGA (Private Attorneys General Act) – Labor Code § 2698
Employees can sue on behalf of state for Labor Code violations:
- Employee Share: 25% of civil penalties
- State Share: 75% of civil penalties
- Penalties: $100 per employee per pay period (initial) + $200 per employee per pay period (subsequent)
- Example: 100 employees × $200 × 104 pay periods (2 years) = $2,080,000 total penalties
Statute of Limitations by Violation Type
| Violation Type | Statute of Limitations | Legal Basis |
|---|---|---|
| Unpaid Wages | 3 years | Labor Code § 338 |
| Meal/Rest Break | 3 years | Labor Code § 226.7 |
| Discrimination | 3 years (CRD) + 1 year (lawsuit) | Gov Code § 12960 |
| PAGA Claims | 1 year from violation | Labor Code § 2699.3 |
| Contract Breach | 4 years (written contract) | CCP § 337 |
How to File a Labor Code Violation Claim
- Document violations: Keep pay stubs, time records, emails
- Report internally: Use company reporting system (optional)
- File with Labor Commissioner: DLSE can investigate wage claims
- File CRD complaint: Required for discrimination claims
- Consult attorney: Especially for PAGA or class action potential
Damages Available
- Unpaid wages: All wages owed
- Waiting time penalties: 30 days of wages (Labor Code § 203)
- PAGA penalties: $100-200 per employee per pay period
- Attorney fees: Employer pays if employee wins
- Emotional distress: For severe violations
- Punitive damages: For malicious/fraudulent conduct
Recent 2025 Updates
- Minimum wage: $16.50/hour (CA statewide) as of Jan 1, 2025
- Fast food minimum: $22/hour for chains with 60+ locations
- Healthcare minimum: $25/hour phased implementation
- Sick leave: Increased to 5 days (40 hours) minimum
Contact a Los Angeles Employment Attorney
Free Consultation: (877) 619-8966
Email: info@toddflaw.com
Location: Los Angeles, California
Last Updated: October 2025
Source: California Labor Code, Civil Rights Department Guidelines, DLSE Enforcement Policies
