Minimum Wage Violations

California’s minimum wage laws require employers to pay employees at least the applicable hourly wage for every hour worked. Violations may include:

• Paying below minimum wage
• Requiring unpaid work before or after shifts
• Illegal paycheck deductions
• Failure to compensate employees for mandatory training or meetings

Even small underpayments can add up significantly over time.

Meal & Rest Break Violations

California labor laws require employers to provide meal and rest breaks during shifts of certain lengths. Employers may violate these laws by:

• Denying meal breaks
• Interrupting breaks with work duties
• Failing to provide rest periods
• Discouraging employees from taking breaks

If employers fail to provide legally compliant breaks, employees may be entitled to additional compensation known as premium pay.

Employee Misclassification

Some employers incorrectly classify workers as exempt employees or independent contractors to avoid paying overtime and benefits.

Misclassification can deprive workers of:

• Overtime pay
• Meal and rest breaks
• Workers’ compensation protections
• Unemployment benefits
• Reimbursement for business expenses

Our firm can evaluate whether your classification complies with California law.

Off-the-Clock Work Violations

Employees must generally be paid for all time spent performing work-related tasks. Off-the-clock violations may involve:

• Unpaid pre-shift duties
• Unpaid post-shift cleanup
• Working through meal breaks
• Responding to emails or calls after hours
• Mandatory unpaid meetings

Employers cannot require employees to perform work without compensation.

California Wage & Hour Laws

California provides stronger labor protections than many other states. Employers in San Diego must comply with both federal and California labor laws, including:

• California Labor Code
• Industrial Welfare Commission (IWC) Wage Orders
• Fair Labor Standards Act (FLSA)

These laws regulate:

• Minimum wage
• Overtime pay
• Break requirements
• Employee classification
• Payroll recordkeeping
• Final paychecks

Violations can result in substantial penalties for employers.

Compensation Available in Wage & Hour Claims

Employees who experience wage and hour violations may be entitled to recover compensation for financial losses and statutory penalties.

Potential compensation may include:

• Unpaid wages
• Unpaid overtime
• Missed meal and rest break premiums
• Interest on unpaid wages
• Waiting time penalties
• Reimbursement of business expenses
• Attorney’s fees and legal costs

In some cases, employees may also pursue claims on behalf of groups of workers through class action or representative lawsuits.

Signs Your Employer May Be Violating Labor Laws

Many workers are unsure whether they have a valid wage and hour claim. Common warning signs include:

• Being asked to work off the clock
• Missing overtime pay
• Receiving the same salary regardless of hours worked
• Denied meal or rest breaks
• Incorrect paycheck calculations
• Pressure not to report hours accurately
• Being labeled an “independent contractor” despite working like an employee

If any of these situations apply to you, speaking with our team may help you understand your legal options.

How to File a Claim for Unpaid Wages or Benefits

If your employer failed to pay earned wages or benefits, we can help you file a wage claim with the Labor Commissioner’s Office (DLSE) to recover what you are owed. Claims can be filed online, in person, or by mail or email. 

The claims process typically involves the following steps:

1. Gather documentation. Collect paystubs, time records, wage statements, and other documentation showing hours worked and pay received. 
2. Complete the initial claim form. Complete the “Initial Report of Claim” and other necessary forms. 
3. Submit your claim. File the form and supporting documents online, by mail, email, or in person at the San Diego County OLSE.
4. Attend a settlement conference. A settlement conference is scheduled for you and your employer. You will be notified by mail of the date and time. 
5. Hearing. If a settlement isn’t reached, a wage claim hearing will be scheduled with a DLSE hearing officer, where evidence and testimony are presented. 
6. Order, Decision, or Award (ODA). The hearing officer will make a decision 15 days after the hearing and file it with the Labor Commissioner’s Office.