May 4, 2022
Whether some wages go unpaid due to an employer’s honest mistakes or intentional, all workers are entitled to their full earned wages. Otherwise, legal action is possible.
Not counting overtime
California has specific laws about overtime pay. Workers must earn 1.5 times their regular salary if they work more than 8 hours in a single day. Similarly, the rate goes up to 1.5 times for the first 8 hours an employee works on the seventh consecutive day in a workweek. Double the regular rate may be paid if an employer works more than 12 hours in a single day and for all hours worked over 8 on the seventh consecutive day of a workweek.
Not providing breaks
Employers are required to provide time to eat and rest. If this is not done, the employee must be paid for the breaks that were not taken.
Misclassification of employees as “exempt”
“Exempt” employees are not entitled to overtime pay. Employers often promote certain workers to manager status (which is an “exempt” position) without changing their responsibilities. This way the employer avoids paying overtime rates. Similarly, some employers misclassify workers as independent contractors.
Misleading workers regarding their basic salary
You may encounter resistance or misleading information from your employer when you try to address the issue. Unfortunately, many employees are misled by their employers regarding unpaid wages. Don’t let this happen to you, For All Workers is here to help.