Top Class Actions  |  February 9, 2024

Category: Labor & Employment

California unpaid overtime, minimum wage and more: Who’s affected?

California labor laws guarantee minimum wage, overtime wages, rest and meal breaks and other benefits.
(Photo Credit: F Armstrong Photography/Shutterstock)

Do you work in California, or have you? Are you a trucker who worked in or passed through California on a job? Have you been denied overtime or minimum wage?

California employees and some truckers who performed work in the state can take legal action for labor law violations to recover unpaid wages, penalties and other compensation.

California has some of the most robust state labor laws in the country, requiring minimum and overtime wages, rest and meal breaks and reimbursements for business expenses. The laws also include strict guidelines for classifying workers as independent contractors, meaning that many workers are protected as employees under the state law even if they would be considered independent contractors elsewhere.

Although California labor laws provide incredible protections, employers may not follow these guidelines to the letter. California employees or truckers who performed work in the state can take legal action for labor law violations to recover unpaid wages, penalties and other compensation.

Do you qualify?

If you are a California worker or a trucker who worked in California and experienced labor law violations, you could be eligible to join this FREE California unpaid wages class action lawsuit investigation.

California labor laws: minimum wage

As of Jan. 1, 2023, all employers in California are required to pay employees a minimum of $15.50 per hour , more than double the federal minimum wage of $7.25 per hour. Under California labor laws, tips cannot be used to offset a minimum wage.

Some counties and cities in California have mandated an even higher minimum wage than the statewide rate. For example, Los Angeles’ minimum wage is $16.04 per hour as of July 1, 2022 and West Hollywood’s minimum wage is $17.50 per hour or $17 per hour for businesses with 49 or fewer employees.

When employees are forced to work off the clock, this may result in minimum wage violations. Pre-shift or post-shift work that isn’t logged on a timeclock is considered unpaid work. Significant amounts of unpaid work may result in an hourly wage below the required minimum wage.

Some workers are exempt from minimum wage requirements, but these are rare situations. Individuals who are employed by their parents, children or spouse are exempt from overtime. Additionally, outside salespersons and apprentices may be exempt from overtime in certain situations. Learners who have no previous experience in their field may also be exempt from overtime for the first 160 hours of employment, but they must be paid no less than 85% of minimum wage for this duration.

Failure to pay employees minimum wage is a serious violation. Workers who are denied minimum wage could take legal action to recover unpaid wages.

California labor laws: overtime

Similar to federal law, California labor law requires employers to pay overtime, or time and a half, for all hours worked over 40 hours in a week. However, the state laws also include other unique protections. Even if a worker doesn’t exceed 40 hours in a work week, employers must pay overtime wages for all hours worked over eight hours in a single day and for the first eight hours worked on the seventh consecutive day or worked in a work week.

California overtime rules also include “double time” where employers are required to pay double the regular rate of pay for all hours worked over 12 hours in a day and all hours worked over eight hours on the seventh consecutive day of work.

The regular rate of pay used to calculate overtime and double time is not always the same as an hourly wage. If hourly workers are paid shift differentials or non-hourly compensation such as bonuses, this must be considered when calculating overtime or double time. Salary wages and commission wages must also be carefully considered when calculating a “regular” rate of pay.

Some workers are exempt from overtime wages. Unlike other states which exempt all salaried workers, California requires businesses to pay salaried workers overtime wages unless they fall into specific exempt roles. For example, executive, administrative or professional employees and outside salespersons are exempt from overtime. However, each of these roles are defined under California law, meaning that exemptions may have exemptions. An experienced labor law attorney can help navigate these requirements and determine if you are owed overtime wages.

California labor laws: rest and meal breaks

California law guarantees most workers regular meal and rest breaks based on the amount of time they work.

An employee that works five hours or more in a day is guaranteed an uninterrupted 30-minute unpaid meal break. When working more than 12 hours in a day, employees are guaranteed an additional 30-minute break. For every four hours worked in a day, employees get a 10-minute rest period.

Meal breaks must be “uninterrupted” to count under California law. This means that workers must be relieved of all duty and may not be discouraged from taking their breaks. Employees who are forced to remain on duty during meal periods may only do so if the nature of their work prevents an uninterrupted break, if the on-duty meal periods are agreed to in writing and if the breaks are paid.

Businesses may not automatically apply rest and meal breaks to employee timesheets while not actually allowing workers their full, uninterrupted break periods.

Employers who fail to grant these rest and meal breaks may be required to pay penalties for missed breaks. For each missed meal or rest break, employers must pay an additional hour of pay at a worker’s regular rate.

California labor laws: expense reimbursement

California law requires employers to pay for “all necessary expenditures or losses” directly related to an employee’s job. A number of expenses may qualify under this definition, including:

  • Travel expenses, including mileage reimbursement
  • Business use of a cell phone
  • More

Employee vs. independent contractor

The California wage and hour protections described above apply to all non-exempt employees. Unfortunately, businesses may attempt to circumvent these requirements by classifying workers as independent contractors instead of employees.

To help curb employee misclassification, California implemented an employment status law as of Jan. 1, 2020, which requires the “ABC test” to determine if a worker is an employee or not. Under the ABC test, workers can only be considered independent contractors if they meet the three following conditions:

  1. The worker is free from the control and direction of their employer when it comes to work performance.
  2. The worker performs work duties which are outside their employer’s normal course of business.
  3. The worker is engaged in an independent trade, occupation or business of the same nature of the work being performed under contract.

This law has received backlash from gig economy employers such as Uber and from the trucking industry at large. Although court battles are ongoing about exemptions from this law, the independent contractor classification rules remain in effect.

California protections for truckers

Truckers may be protected under California labor laws, even if they do not live in the state. Although many truckers are considered independent contractors in other states, they may be considered employees in California, meaning they are entitled to minimum wage, overtime, breaks and other benefits.

Truckers who perform work in California may have been wrongfully denied the full benefits owed to them under state law. An experienced attorney can help evaluate trucker situations and determine if they are owed additional compensation.

Join a California worker, trucker unpaid wages class action lawsuit investigation

California labor laws provide strict protections for workers, even for truckers who are not based in the state but perform some work there. If your employer fails to follow California labor laws, you could take legal action to recover unpaid wages and penalties. An experienced lawyer can help you navigate the complexities of California labor laws and recover compensation through an unpaid wages class action lawsuit.

If you are a California worker or a trucker who worked in California and experienced labor law violations, you could be eligible to join this California unpaid wages class action lawsuit investigation.

GET HELP – IT’S FREE

Join a California worker, trucker unpaid wages lawsuit investigation

If you qualify, an attorney will contact you to discuss the details of your potential case at no charge to you.

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