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3 common ways California employers may violate wage laws

Workers in California have relatively thorough protections. They benefit from not only federal workplace rules but also California laws, which are often more thorough than the baseline federal standards.

Employees in California typically have the right to receive pay in accordance with both the state law and the agreement they negotiate with the organization that employs them. Sometimes, businesses try to deny workers the wages they should receive by lying to them or manipulating the situation inappropriately.

What are some of the most common ways that companies may deprive employees of their wage rights in California?

Invoking the de minimus rule

Federal wage laws entitle workers to appropriate compensation. However, employers do not have to pay them for certain tasks that only require a negligible amount of time. Under the de minimus rule, employers can have workers perform minor tasks without pay. California has rejected that federal policy. The state Supreme Court ruled in a crucial case several years ago establishing that workers deserve pay for all time worked. Demanding that workers perform functions off the clock could be a wage violation in California.

Demanding standby availability without pay

Another common way that companies extract unpaid labor from workers is through on-call or standby work. To ensure that the company has enough workers on hand, the organization may require that certain employees who are not scheduled for a shift remain available to come in if the company calls them. In some jurisdictions, workers may have to perform such work without compensation. In California, those on standby or on call should receive at least minimum wage for the entire time they are available to their employers.

Rounding timeclock records

Given the de minimus rule that applies at the federal level, many employers use timeclock and payroll systems that compensate workers in specific increments of time. They may pay workers in five, 10 or 15-minute segments instead of based on the exact amount of time worked. Such practices not conform with current wage regulations in California. Workers subject to timeclock rounding may be able to pursue wage claims requesting compensation for time lost because employers round down how long they were on the job.

Learning more about California’s wage and hour laws can help employees identify violations of their rights. Those who do not receive payment in full for all time worked may be able to take legal action against an organization that refuses to pay them.

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