In California, workers have strong rights when it comes to fair pay and working conditions. Even so, violations of wage and hour laws are on the rise. With California’s robust labor regulations, employees expect fair wages and proper treatment. Yet, many find themselves dealing with employers who fail to follow these rules, prompting a surge in wage and hour claims.
What are wage and hour claims?
Wage and hour claims occur when employers do not meet their obligations under state or federal laws. Common issues include unpaid overtime, not giving mandated meal and rest breaks, misclassifying workers as independent contractors or exempt employees and failing to pay minimum wage. The California Labor Code sets detailed standards aimed at preventing these kinds of abuses.
There has been a noticeable uptick in wage and hour complaints in recent years. Data from the California Department of Industrial Relations and the United States Labor Department’s wage enforcement arm, the Wage and Hour Division, show that more employees are speaking up about unpaid wages and other violations. Awareness about legal protections, shifts in the economy and the growth of gig work all contribute to this trend.
Common factors behind violations
One of the most common claims is based on Misclassification. Some employers label workers as independent contractors to avoid overtime and benefits. The California Supreme Court’s Dynamex decision introduced the “ABC test,” which makes it tougher for companies to misclassify workers. Though, as recent high-profile examples have flashed across our headlines, we all know that many companies do not always follow these rules.
Another common basis is overtime issues. Under the Fair Labor Standards Act, employees working beyond 40 hours a week must receive overtime pay, but some employers fail to comply. And, not all employees are covered by the FLSA, even as the current administration tried (and judicially failed) to expand those that qualified for such overtime wages.
Finally, meal and rest break issues are common. Unlike other states, California law requires set meal and rest periods. If these are not provided, employees can pursue back pay and penalties as outlined in Labor Code, Section 512.
Seeking remedies
Employees suspecting wage and hour violations may file a claim with the California Labor Commissioner’s Office. In some cases, class action lawsuits address widespread issues that help multiple workers recover what they are owed.
The rise in wage and hour claims is a reminder that understanding labor rights is key. As workers become more informed, the number of claims may continue to grow, putting pressure on employers to follow the rules.
