California Wage & Overtime
Violation Attorneys

California Wage and Hour Laws

California has the most comprehensive wage and hour protections of any state in the country. From minimum wage requirements to strict overtime rules, California law is designed to ensure that workers are fairly compensated for every hour they work. When employers cut corners — by failing to pay overtime, misclassifying employees, shaving time from the clock, or paying below minimum wage — they are breaking the law.

At Bluestone Law, our Los Angeles wage and hour lawyers represent California employees who have been shortchanged by their employers. Whether you are owed a few hundred dollars or tens of thousands, our attorneys will fight to recover every dollar you are entitled to under the law.

What Is California's Minimum Wage?

California's minimum wage applies to all employers, regardless of size. As of 2024, the statewide minimum wage is $16.00 per hour, with higher rates in many cities and counties. Employers in Los Angeles, San Francisco, San Jose, and other municipalities may be required to pay significantly more. Additionally, fast food workers covered by AB 1228 are entitled to a minimum wage of $20.00 per hour.

Employers must pay at least the highest applicable minimum wage — whether set by state, county, or city law. If your employer is paying you less than the applicable minimum wage, you are entitled to recover the difference plus penalties and interest.

How Much Overtime Pay Are You Owed?

California Labor Code section 510 requires employers to pay non-exempt employees overtime as follows:

• 1.5 times the regular rate of pay for all hours worked beyond 8 hours in a single workday
• 1.5 times the regular rate for all hours worked beyond 40 hours in a single workweek
• Double time (2 times the regular rate) for all hours worked beyond 12 hours in a single workday
• Double time for all hours worked beyond 8 hours on the seventh consecutive day of work in a workweek

This is more protective than federal law, which only requires overtime after 40 hours in a week. California's daily overtime threshold means that even if you work fewer than 40 hours in a week, you may still be entitled to overtime if you work more than 8 hours on any given day.

Common Wage Violations in California

Wage theft is alarmingly common in California. Studies estimate that California workers lose billions of dollars each year to wage violations. Employers throughout Southern California and across the state engage in the following types of violations, which our attorneys regularly see:

What Is Employee Misclassification?

Employee misclassification occurs when an employer incorrectly labels a worker as an independent contractor or as exempt from overtime, denying them wages and benefits they are legally owed. California uses the strict ABC test under AB 5 to determine independent contractor status, and the requirements for overtime exemptions under the Labor Code are specific and demanding.

To qualify for the most common overtime exemption (the executive, administrative, or professional exemption), an employee must earn a salary of at least twice the state minimum wage for full-time work and must spend more than half their time performing exempt duties. Many employers misapply these exemptions, classifying employees as \"managers\" or \"administrators\" even when they spend most of their time performing non-exempt work. If you have been denied overtime because your employer claims you are exempt, we can evaluate whether that classification is correct.

Off-the-Clock Work

Employers may not require or permit employees to work without compensation. This includes time spent putting on or taking off required uniforms or equipment (donning and doffing), pre-shift or post-shift meetings, mandatory training, travel between job sites during the workday, and time spent waiting to go through security screenings. Under California law, all of this time must be compensated.

Rounding and Time Shaving

Some employers use timekeeping systems that round employee hours in a way that consistently shortchanges workers. While California courts have historically allowed neutral rounding policies, recent decisions have imposed stricter requirements. If your employer's rounding policy consistently results in you being paid for less time than you actually worked, that policy may be unlawful.

Failure to Pay for All Hours Worked

This category includes a range of violations: not paying for missed meal and rest breaks, failing to include all forms of compensation when calculating the overtime rate, not paying commissions or bonuses on time, and deducting pay for business expenses that should be borne by the employer.

Penalties and Damages for Wage Theft

California imposes serious penalties on employers who fail to pay proper wages. Depending on the nature and duration of the violations, our attorneys may be able to recover:

• Unpaid wages — the full amount of wages, overtime, or minimum wage that should have been paid
• Liquidated damages — for minimum wage violations, an amount equal to the unpaid wages plus interest (Labor Code section 1194.2)
• Waiting time penalties — if your employer failed to pay all wages owed at the time of separation, you may be entitled to up to 30 days of additional pay at your daily rate (Labor Code section 203)
• Pay stub penalties — up to $4,000 in statutory penalties if your employer issued inaccurate wage statements (Labor Code section 226)
• Interest — on all unpaid wages from the date they were originally due
• Attorney fees and costs — California law allows prevailing employees to recover the full cost of hiring an attorney to pursue their claim

PAGA Penalties

In addition to individual damages, employees can seek penalties under the Private Attorneys General Act (PAGA) for Labor Code violations. PAGA penalties of $100 to $200 per employee per pay period can accumulate to substantial sums, especially when violations have been ongoing across a large workforce.

Class Action Claims

When wage violations affect multiple employees under the same policy or practice, a class action may be the most effective way to seek justice. Class actions allow employees to pool their claims, reduce litigation costs, and hold employers accountable for systemic violations. Bluestone Law has the resources and experience to pursue complex wage and hour class actions throughout California.

Taking Action Against Wage Violations

If you believe your employer has not paid you properly, taking action sooner rather than later is important. California has strict statutes of limitations for wage claims:

• Three years for most unpaid wage claims (Code of Civil Procedure section 338)
• Four years for claims brought under California's Unfair Competition Law (Business and Professions Code section 17200)
• One year for PAGA claims from the date of the Labor Code violation

You can pursue your claim through several channels: filing a wage claim with the California Labor Commissioner (DLSE), filing a civil lawsuit in court, or bringing a PAGA action. Each option has advantages and limitations, and our attorneys can help you determine which approach is best for your situation.

It is important to know that California law prohibits retaliation against employees who assert their wage rights. Under Labor Code section 98.6, your employer cannot fire, threaten, or otherwise punish you for filing a wage complaint, participating in a wage investigation, or exercising any right protected by the Labor Code.

At Bluestone Law, we handle all of our wage and hour cases on a contingency fee basis. You pay nothing upfront, and we only collect a fee if we recover money for you. From our Canoga Park office, we represent workers across Los Angeles and throughout California, and we have the knowledge, resources, and determination to take on employers of all sizes — from small businesses to large corporations.

If you are not being paid fairly for your work in California, contact Bluestone Law today for a free consultation. Call (310) 363-0975 or submit a request through our website. Our attorneys are ready to review your case and help you recover the wages you have earned.