California has some of the strongest labor laws in the nation to protect its millions of workers. That doesn’t stop some companies from trying to bypass state regulations.
In California and across the country, employers regularly steal from their employees by not paying them for their work hours. However, their methods are subtle, and if you’re unfamiliar with the law, you may be taken advantage of.
You deserve your full compensation
Wage and hour theft is unfair and illegal. Still, more than $1.5 billion in stolen wages were recovered nationwide between 2021 and 2023. How does wage and hour theft occur? Here are some of the most common scenarios:
- Unpaid overtime: In California, non-exempt employees are to be paid 1.5 times their regular pay for any hours over 8 hours in a day or 40 hours in a week. Wage theft occurs when employers either fail to compensate for this time or miscalculate the pay rate.
- Failing to provide or pay for breaks: Workers are entitled to a 30-minute lunch break for every 5 hours of work and 10-minute rest breaks for every four hours. Employers who don’t provide these breaks or pay for missed breaks commit wage theft.
- Misclassification: Many employers misclassify their employees as independent contractors, thus robbing them of the protection that comes with being an employee, such as overtime pay, minimum wage and paid time off.
- California’s minimum wage is $16.50 per hour ($20 for fast food workers). Some counties and municipalities pay even more. If an employer fails to pay that amount, they are engaging in wage theft.
- Working off-the-clock: Employers are not allowed to require their workers to perform tasks before clocking in or after clocking out.
To ensure you’re not a victim of wage and hour theft, you should check your pay stubs for missing hours, incorrect wage rates, or other discrepancies. Take your concerns to your Human Resources department. If your concerns are not addressed, or you don’t receive back pay from previous pay periods, you will want to contact someone who can help you get the compensation you worked for and deserve.