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Types of Wage and Hour Violations

Some of the most common types of wage and hour violations include:

  • Minimum wage violations. The FLSA established a minimum wage requirement among all 50 states.  The federal minimum wage for covered non-exempt employees is $7.25 per hour.  California has a higher minimum wage at $8 per hour.
  • Failure to pay overtime. The Fair Labor Standards Act (FLSA) ensures that employees who fall under the Act must receive overtime pay for any time worked over 40 hours in a workweek at a rate of one and one-half their regular rates of pay.  California law requires that all non-exempt employees must receive overtime pay at one and one-half times her regular rate of pay if they work over 8 hours in a workday or over 40 hours in a workweek.
  • Failure to Compensate for Hours Worked. The law requires that employers must pay their employees for all time worked their full payment of wages, including work that is done that is not included in the time records.
  • Failure to Authorize and Permit Rest Periods. In California, employers are required to allow at least a 30 minute unpaid meal period for a work period of over 5 hours.  Non-exempt employees must be given a 10 minute paid rest period for every 4 hours of work.  Bathroom breaks do not count toward a worker’s rest period, but there are no extra rest periods for smokers. 
  • Improper Exempt Classification. California law requires that non-exempt employees must receive overtime pay for any time worked over 40 hours in a workweek at one and one-half times their regular rate of pay.  If they are improperly identified as exempt employees, they are being erroneously denied of overtime pay.
  • Prompt Payment Violations. California employees are entitled to prompt payment of wages from their employer.  Further, California Prompt Pay Laws require owners to make progress payments to prime contractors within 30 days of receipt of the request for payment.   
  • Itemized Wage Statement Violations. The law requires that employers provide employees with an accurate itemized statement that contains the following:
    • Gross wages earned
    • Total hours worked for hourly, non-exempt employees
    • All deductions
    • Net wages earned
    • The dates of the period of which the employee is paid
    • The name of the employee, including her social security number
    • The name and address of the employer; and
    • Applicable hourly rates that are effective during the pay period.

Contact York Law Firm

If you have experienced any of the above wage and hour violations, you need an experienced employment law attorney on your side.  The attorneys at York Law Firm have the experience and skill you need to succeed in your wage and hour violation case.  Contact us today for a free case evaluation.

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