Almost all employees in California must be paid the minimum wage as required by California state law.
Wage and hour laws generally apply to all nonexempt employees. Laws that address overtime, meal breaks, rest breaks, etc., generally do not apply to independent contractors and exempt employees.
Common wage violations in California are:
- Failing to pay California's minimum wage;
- Failing to pay overtime;
- Failing to provide rest and/or meal breaks;
- Misclassifying employees as exempt from wage and hour requirements
- Misclassifying employees as independent contractors;
- Requiring an employee to work off the clock;
If an employer does not pay an employee minimum wage, an employee can file a wage claim with the with the Division of Labor Standards Enforcement (the Labor Commissioner's Office), or file a lawsuit in court against the employer to recover the lost wages. Additionally, if the employee no longer work for the employer, the employee may make a claim for the waiting time penalty pursuant to Labor Code Section 203.
Contact the Law Office of Catherine Chukwueke if you believe you deprived of your wages and/or overtime wages.