​
​
Unpaid Wages
​
Under California law, employers are required to pay employees for all of their time worked unless the employee is exempt. Any time during which an employee is subject to the control of an employer must be paid as hours worked. At a minimum, the employer must pay the applicable minimum wage. A failure to do so is a violation of California law. If the employee's regular hourly wage is higher than the minimum wage, then the employer must pay the employee at least his or her regular hourly rate of pay for all hours worked. However, any time worked in excess of eight (8) hours per workday or 40 hours in a workweek must be paid at one-and-a-half (1.5) times the employee's regular rate of pay (i.e., overtime). In addition, the employer must pay double the employee's regular rate of pay (i.e., double time) for all time worked in excess of 12 hours in any workday and for all hours worked in excess of eight (8) on the seventh consecutive day of work in a workweek.
​
Examples of Common Violations
​
Many unpaid wage claims arise from work performed "off-the-clock." Off-the-clock work is any time spent performing work related duties for the employer that is not recorded and/or paid. For example:
​
-
Arriving to work and having to wear safety gear and accessories before clocking in for work (i.e., donning and doffing time).
-
Employee works 38 hours in a workweek but the employer only pays the employee for 30 hours.
-
Employer edits employee's time records to pay the employee less or avoid paying overtime.
-
Employee works 48 hours and the employer only pays a maximum of 40 hours per week or pays all 48 hours at the employee's regular rate of pay instead of overtime for the 8 hours.
-
Arriving to work and having to wait for a manager to clock you in.
-
After clocking out for work your manager or supervisor asks you to complete one more assignment, job, errand or other task while you're off-the-clock.
-
After getting home from a long day of work you receive a work related call on your cell phone and answer, or you receive emails and have to respond from home.
-
Pre-shift duties off-the-clock, such as opening up a shop, prepping the kitchen, fueling vehicles before leaving for a drive or running errands for your employer on the way to work.
-
Having to work during lunch breaks while you're clocked out for lunch.
​
Other types of unpaid wages include:
-
Tips: an employer must pay the employee for any earned tips (aka gratuities).
-
Bonuses and Commissions: an employer must pay the employee for any earned bonuses and commissions in addition to other requirements.
-
Exempt Employees: some employers wrongfully pay an employee a set salary and therefore fail to pay overtime and double time wages. However, in order for an employee to be exempt from overtime pay, he or she must meet California's strict exemption requirements.
-
Independent Contractors: many employers misclassify their employees as independent contractors in order to avoid providing benefits including tax contributions. However, there are strict rules for classifying employees as independent contractors and many employers misclassify their employees.
-
Unreimbursed Expenses: an employer must reimburse its employees for necessary out-of-pocket business expenses such as mileage for running errands, using their personal cell phone or vehicles, purchasing and maintaining uniforms, and purchasing tools or other items for work.