How Employers Violate Wage and Hour Laws—And What Workers Can Do About It
Every worker deserves fair pay for their time and effort; however, wage and hour violations are unfortunately rampant in many industries. Whether it’s unpaid overtime, stolen tips, or being forced to work off the clock, these practices leave countless workers struggling to survive.
All too often, employees in California are harmed by employers who violate wage and hour laws. These violations undermine workers' financial stability and often erode trust and morale between employees and employers in the workplace.
However, the good news is that you don’t have to face this alone. By understanding your rights and recognizing the signs of employer misconduct, you can take the first step toward reclaiming what you’re owed.
At Toni Jaramilla in Los Angeles, California, we understand the importance of providing employees with fair treatment in the workplace. Below, we outline common ways employers violate wage and hour laws, how these actions can affect you, and what steps you can take to safeguard your rights.
Common Wage and Hour Violations
Wage and hour laws exist to make sure employees are fairly compensated for their work, but unfortunately, violations of these laws are all too common. Recognizing these violations is the first step to addressing them and protecting your rights as an employee. Some of the most frequent wage and hour violations in California include the following.
Failing to Pay Overtime
One of the most frequent wage violations we encounter involves the failure to compensate employees for overtime adequately. Under California law, non-exempt employees are entitled to overtime pay when they work more than 8 hours in a day or 40 hours in a workweek. Overtime must be paid at the rate of time-and-a-half for hours worked beyond these thresholds, and workers must be paid double time for hours exceeding 12 in a single day.
Despite these clear regulations, some employers deliberately misclassify workers to avoid paying overtime or simply ignore their legal obligations altogether. For example, an employer might unlawfully classify a worker as exempt (e.g., a manager or independent contractor) to deny overtime pay.
Wage Theft
Wage theft is a broad term that encompasses behaviors such as unpaid wages, not issuing final paychecks, or failing to compensate for all hours worked. Employers might force employees to work "off the clock," which refers to requiring work tasks outside of assigned shifts without providing proper payment. For instance, many retail and service employees are asked to clean up, prepare for the next day, or attend meetings without being paid.
Break Violations
California law requires that employers provide non-exempt employees with specific breaks. These designations typically include the following:
A 30-minute unpaid meal break after 5 hours of work
A second meal break for shifts exceeding 10 hours
A 10-minute paid rest period for every 4 hours worked
Often, employers violate these rights by failing to provide breaks or discouraging employees from taking them. Some may claim that the workload is too heavy to allow for breaks, while others might subtly pressure employees into skipping them. Denying workers their legally protected breaks can lead to significant health and safety consequences.
Misclassification of Employees
Misclassification happens when employers improperly categorize workers as independent contractors or exempt staff when, in reality, they should be considered non-exempt employees. This tactic allows employers to bypass minimum wage or overtime requirements.
For example, gig workers or delivery drivers are often misclassified, depriving them of critical rights such as minimum wage protections and access to benefits. California's Assembly Bill 5 (AB5) outlines strict criteria for determining whether a worker is an employee or an independent contractor, yet breaches of this law still occur.
Failure to Pay Minimum Wage
California has minimum wage laws designed to protect workers from unfair pay. However, some employers manipulate time records, pay under the table, or take deductions without valid reasons, resulting in underpayment. It is critical to note that it is unlawful for employers to pay less than the minimum wage established by law.
How These Violations Impact Workers
When wage and hour laws are violated, workers can face devastating consequences. Many of us depend on our paychecks to support ourselves and our families, and even minor discrepancies in pay can lead to financial hardship. For example, unpaid overtime or stolen wages may result in missed rent payments or difficulties affording necessities such as groceries and healthcare.
Beyond the financial repercussions, wage violations also take an emotional toll. Working long hours without fair compensation can lead to stress, burnout, and a feeling of being taken advantage of. Employees may feel trapped in an environment where their rights are disregarded, which can further impact their well-being and productivity.
What You Can Do To Protect Your Rights
If you believe your employer has violated wage and hour laws, you don’t have to face the situation alone. There are steps you can take to hold them accountable and recover the pay that you are owed:
Document everything: Accurate documentation is key to building a strong case. Keep records of your hours worked, including overtime and breaks. Maintain copies of schedules, pay stubs, and any communications with your employer regarding work hours and wages. These records provide critical evidence if you decide to file a complaint.
Know your rights: Educating yourself on California labor laws is a powerful way to protect yourself against wage theft and other violations. Whether it’s learning about meal and rest breaks, overtime pay, or minimum wage laws, understanding your rights equips you to identify when something isn’t adding up.
Consult with a wage and hour attorney: At Toni Jaramilla, we specialize in standing up for workers who have been unfairly treated. One of our experienced employment attorneys can evaluate your situation, advise you of your options, and assist you in taking legal action to recover unpaid wages and damages. By working with us, you’ll have a dedicated team advocating for your rights every step of the way.
File a claim with the Labor Commissioner: California’s Department of Industrial Relations allows employees to file wage and hour claims through the Labor Commissioner’s Office. This is a formal process that investigates labor violations and helps workers recover their rightful pay. We often assist clients with these claims to verify that all documentation is complete and deadlines are met.
Speak out: It’s important to remember that you are protected against retaliation for reporting labor law violations. Employers cannot legally demote, terminate, or harass you for filing a claim or voicing concerns about unfair treatment. If your employer retaliates, you may have additional legal remedies available to you.
Passionate Employee Advocacy
At Toni Jaramilla, our mission is to advocate for workers in California who experience wage and hour violations. With decades of experience in employment law, we are passionate about protecting the rights of employees and holding employers accountable for their actions.
Our team understands the challenges workers face and the courage it takes to speak out against injustice. If you believe your employer has violated wage and hour laws, don’t hesitate to reach out to us. Contact our firm in Los Angeles, California, today for a free consultation and discover how we can help you fight for your rights.
