Unpaid Minimum Wages (Double Recovery)
The California Labor Code generally mandates that all employees must be compensated at least the mandated minimum wage rate for each hour of work performed.
In addition to recovering minimum wages owed by an employer, California Labor Code Section 1194.2 permits employees who have not been paid minimum wage to recover an additional one times their owed minimum wages as liquidated damages. Accordingly, California's minimum wage laws allow an employee to recover a total of two times (2x) their unpaid minimum wages.
City & County Living Wages
Individual cities and counties throughout California (such as Los Angeles City and County, San Francisco, San Jose, Oakland, Berkeley, Santa Monica, and Pasadena) frequently set higher local minimum wage rates. Your actual legal minimum wage may be significantly higher than state baselines depending on where you perform work.
California Wage Baselines
- 2024–2026: $16.00+ / hr
- 2023: $15.50 / hr
- 2022 (26+ staff): $15.00 / hr
- 2021: $14.00 / hr
- 2020: $13.00 / hr
2X Wages Owed
Statutory Liquidated DamagesUnpaid Overtime Wages for Hourly Employees
The California Labor Code mandates that all hourly wage employees be compensated at premium rates for all hours worked exceeding standard daily and weekly thresholds.
1.5x Time & A Half
Mandated for all hours worked in excess of 8 hours in one workday or in excess of 40 hours in one workweek, and for the first 8 hours worked on the seventh consecutive day of work.
2.0x Double-Time
Mandated for all hours worked in excess of 12 hours in any single workday and for all hours worked in excess of 8 hours on the seventh consecutive day of work in a workweek.
Common unlawful employer tactics include altering electronic time cards, demanding workers work "off-the-clock" before or after shifts, failing to calculate nondiscretionary bonuses into the overtime rate, and failing to pay for travel time between job sites.
Have You Worked:
- Over 8 hours in a single shift?
- Over 40 hours in a 7-day week?
- 7 consecutive days in a row?
- Off-the-clock opening or closing duties?
- Remote emails & phone calls at home?
Unpaid Overtime Wages for Salaried Employees
Employers commonly classify employees as "exempt" and pay them a flat salary to avoid paying overtime. This practice is frequently unlawful.
Under California law, whether an employee is entitled to overtime pay has nothing to do with job titles such as "Manager", "Supervisor", "Team Leader", or "Assistant Manager". It is determined strictly by the actual day-to-day duties the employee performs and whether they meet strict statutory exemption tests.
The Three Recognized White-Collar Exemptions
Executive Exemption
The employee must meet ALL of the following:
- Primary management of the enterprise or recognized department;
- Customarily and regularly directing the work of 2 or more employees;
- Authority to hire or fire, or substantial weight given to suggestions;
- Regular exercise of discretion and independent judgment;
- Monthly salary no less than 2x the state minimum wage for full-time work;
- More than 50% of actual work time spent on exempt management duties.
Administrative Exemption
The employee must meet ALL of the following:
- Performance of office or non-manual work directly related to management policies or general business operations;
- Customarily and regularly exercises discretion and independent judgment;
- Regularly assists executive proprietor, performs specialized work under general supervision, or executes special tasks;
- Monthly salary no less than 2x the state minimum wage;
- More than 50% of actual work time spent on qualifying administrative duties.
Professional Exemption
The employee must meet ALL of the following:
- State license or certification in law, medicine, dentistry, optometry, architecture, engineering, teaching, or accounting; OR
- Artistic/learned profession requiring advanced scientific knowledge or creative originality;
- Regular exercise of discretion and independent judgment;
- Monthly salary no less than 2x the state minimum wage for full-time work;
- More than 50% of actual work time spent on professional duties.
Spend More Than 50% of Your Time on Regular Employee Tasks?
Even if you earn a salary, you may be legally entitled to substantial back overtime and meal break penalties.
10-Minute Rest Periods
California law requires employers to authorize and permit all non-exempt employees to take paid rest periods.
- Rate: 10 minutes net rest time per 4 hours of work or major fraction thereof.
- Timing: Insofar as practicable, rest breaks must be provided during the middle of each 4-hour work period.
- Paid Time: Rest periods must be counted as hours worked with no deduction from wages.
- Duty-Free: You cannot be required to carry a radio, monitor phones, or remain on premises.
30-Minute Meal Periods
California law mandates that no employer may employ a non-exempt worker for more than 5 hours without providing a meal period of at least 30 minutes.
- First Meal Break: Must be provided before the end of the 5th hour of work.
- Second Meal Break: Must be provided before the end of the 10th hour of work.
- Relieved of All Duty: Unless the employee is relieved of all duty and free to leave premises, it is considered an "on-duty" meal period.
- Unlawful Waivers: Mutual waivers are only permitted under strictly limited short-shift conditions.
Commissions, Accrued PTO & Final Paycheck Penalties
California labor laws treat earned sales commissions and earned vacation/PTO time as wages. When an employment relationship ends, California strictly enforces rapid final paycheck deadlines:
- Terminated / Laid Off Employees: All earned wages, commissions, and unused PTO must be paid immediately at the time of termination (Labor Code § 201).
- Resigned Employees: Must be paid within 72 hours, or on the final day if at least 72 hours of notice was given (Labor Code § 202).
- "Use It or Lose It" Vacation Policies are Illegal: Under California law, earned vacation never expires and must be cashed out in full at your final rate of pay upon separation.
30-Day Waiting Time Penalties
Under California Labor Code Section 203, if an employer willfully fails to pay all wages due upon termination, the employee's wages continue to accrue as a penalty from the due date until paid, up to a maximum of thirty (30) full days of wages.
Have You Suffered Any of These Violations?
Attorney Seth E. Tillmon will evaluate your potential claim in a 5–10 minute phone call. No fee unless we obtain a monetary recovery.