Understanding Wage & Hour Laws in California

Know Your Rights as a Worker: Protecting Your Rights in the Workplace

As an employee in California, you are entitled to certain legal protections regarding wages, breaks, and expense reimbursements. Unfortunately, not all employers follow the law, which is why it’s crucial to know your rights. Below, we cover key aspects of wage and hour laws to ensure you’re being treated fairly in the workplace.

Wage & Hour Rights

What is the Minimum Wage in California?

As of 2024, the state minimum wage in California is $16.00 per hour. However, some cities have implemented higher minimum wages:

• City of Los Angeles Minimum Wage: $17.28 per hour (as of July 1, 2024).

• Los Angeles County (Unincorporated Areas) Minimum Wage: $17.27 per hour (as of July 1, 2024).

• Upcoming Increase: The minimum wage in unincorporated L.A. County will rise to $17.81 per hour on July 1, 2025.

Minimum Salary for Exempt Employees (No Overtime Pay)

Certain salaried employees are classified as exempt from overtime pay under California law. However, their salary must meet a legal minimum:

• For employers with 26+ employees: $66,560 per year

• For employers with 25 or fewer employees: $64,480 per year

If you are earning less than these amounts, you may be misclassified and entitled to overtime pay.

Do I Qualify for Overtime Pay?

If you are a non-exempt employee, you are entitled to:

• 1.5x pay for working more than 8 hours in a day or 40 hours in a week.

• 2x pay (double time) for working over 12 hours in a day or 8 hours on the 7th consecutive day in a workweek.

• Bonus Adjustments: If you regularly receive bonuses, your overtime pay rate must include those amounts.

Meal and Rest Breaks

California law protects your right to take breaks during your shift:

• Meal Breaks:

  • 30-minute unpaid meal break required before the 5th hour of work.

  • A second 30-minute meal break required before the 10th hour of work.

  • You can voluntarily waive your meal break, but this must be in writing and can be revoked at any time.

• Rest Breaks:

  • 10-minute paid rest break for every 4 hours worked.

  • You cannot be required to stay on the premises during breaks.

  • Employers must pay an extra hour of wages if they fail to provide required breaks.

Work Hours	Meal Break Required?	Rest Breaks Required?
3.5 - 5	No	1 x 10-min paid
5 - 10	1 x 30-min unpaid	2 x 10-min paid
10 - 12	2 x 30-min unpaid	3 x 10-min paid

Getting Paid for All Hours Worked

• You must be paid for every minute worked, even if it’s only a few extra minutes before or after your shift.

• If you clock in early or stay late, those extra minutes must be included in your paycheck.

• If your paycheck always reflects exactly 8 hours per day, but you work slightly longer due to early clock-ins or late clock-outs, you may be getting underpaid.

What If My Employer Has a “No Overtime” Policy?

Your employer cannot deny you overtime pay if you work overtime hours:

• If your employer allows you to work extra hours, they must pay overtime, even if they have a policy against it.

• If you work overtime without approval, your employer can discipline you but still must pay you.

What Do I Do If My Employer Isn’t Paying Me Overtime?

1. Notify your employer in writing about the unpaid wages.

2. Keep records of your hours (write them down or track them electronically).

3. Seek legal advice from an employment attorney.

4. File a wage claim with the California Division of Labor Standards Enforcement (Labor Commissioner).

Employer Responsibility for Expense Reimbursements

Your employer must reimburse you for necessary work-related expenses. Common examples include:

• Phone & Internet: If you use your personal phone for work calls, texts, or clocking in/out, your employer must reimburse you.

• Remote Work Expenses: Employers must cover a reasonable portion of your internet costs if you work from home.

• Travel & Mileage: If you use your personal vehicle for work-related travel, you are entitled to mileage reimbursement at the IRS standard rate.

Need Help?

If you believe your wage and hour rights are being violated, we can help.

Contact us for a free consultation on unpaid wages, misclassification, meal and rest break violations, and more.

Final Thoughts Understanding your wage and hour rights is the first step in ensuring fair treatment at work. If your employer is failing to pay you properly, denying your breaks, or refusing reimbursements, you have legal options. Don’t wait—protect your rights today!

Email: info@hhemploymentlaw.com Call: 415-745-3219