Wage and Hour Attorney in Los Angeles, CA
California Labor Code requires overtime pay of 1.5 times the regular rate for hours worked beyond 8 in a day or 40 in a week, and double time for hours beyond 12 in a day (or beyond 8 on the seventh consecutive day worked in a workweek) — a daily overtime threshold that is more generous to employees than federal law, which only counts weekly hours. Employers must also provide meal and rest breaks, with a premium payment owed for each missed break. Separately, California's Equal Pay Act prohibits paying employees of different sexes, races, or ethnicities differently for substantially similar work, and limits how much an employer can rely on prior salary to justify a pay gap.
Key Points
- California overtime is calculated DAILY (over 8 hours) as well as weekly (over 40 hours) — a meaningful difference from federal law
- A missed meal or rest period generally entitles the employee to one additional hour of pay at the regular rate, for each type of violation, up to two extra hours per day
- Misclassifying an employee as an independent contractor or as "exempt" from overtime, when the actual job duties do not meet the legal test, is a common form of wage theft
- Pay secrecy policies that stop employees from discussing their wages with coworkers are generally unlawful — openness about pay helps surface Equal Pay Act violations
Considerations
- Wage and hour violations affecting multiple employees can sometimes be pursued collectively, including through California's Private Attorneys General Act (PAGA), not only as an individual claim
- Pay stubs, time records, and schedules are central evidence — California requires detailed itemized wage statements, and missing or inaccurate ones can themselves be a violation
- An employer's good-faith belief that a pay practice was lawful does not excuse the underlying violation, though it can sometimes affect penalties
California Law Note
California's Private Attorneys General Act (Labor Code § 2698 et seq.) allows an aggrieved employee to sue on behalf of the state and other affected employees for Labor Code violations, with most civil penalties going to the state and a share returned to affected employees — a 2024 legislative reform (AB 2288 / SB 92) changed several of the mechanics, including standing requirements and cure provisions for smaller violations.
Related Questions
How do attorney fees work for an employment case?
Employment cases are generally handled on a contingency fee basis — you pay no attorney fee unless we recover compensation for you. Many California employment statutes (including FEHA) also allow a prevailing employee to recover attorney fees from the employer, which is part of why these statutes are designed to make it practical for employees to bring valid claims.
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