Upholding Your Rights to Fair Pay and Breaks
Key Areas of Concern
Meal Breaks
Nonexempt employees working more than five hours in a day are entitled to an unpaid, duty-free 30-minute meal break, which must commence before the end of the fifth hour of work. If the total work period is no more than six hours, the meal break can be waived by mutual consent.
For shifts exceeding ten hours, a second 30-minute meal break is required, starting before the end of the tenth hour. This second break can be waived only if the total hours worked do not exceed twelve and the first meal break was not waived.
Employers must relieve employees of all duties during meal periods and must not impede or discourage employees from taking their breaks. Failure to provide a compliant meal break obligates the employer to pay the employee one additional hour of pay at the employee’s regular rate for each workday the violation occurs.
Rest Breaks
Nonexempt employees are entitled to a paid 10-minute rest break for every four hours worked or major fraction thereof. A “major fraction” is defined as any time over two hours.
Rest breaks should be taken in the middle of each work period, insofar as practicable. Employees must be relieved of all duties during rest breaks, and these breaks must be uninterrupted. Employers must authorize and permit these breaks; failure to do so requires the employer to pay the employee one additional hour of pay at the employee’s regular rate for each workday the violation occurs.
Minimum Wage
As of January 1, 2025, the minimum wage in California is $16.50 per hour for all employers, regardless of size.
Several cities and counties have established higher local minimum wages. For example, effective July 1, 2025:
- Los Angeles City: $17.87 per hour
- Los Angeles County (unincorporated areas): $17.81 per hour
- San Francisco: $19.18 per hour
- Emeryville: $19.90 per hour
California law prohibits employers from using tips as a credit toward the minimum wage. Employees must receive the full minimum wage in addition to any tips earned.
Overtime Compensation
Nonexempt employees are entitled to:
- 1.5 times their regular rate of pay for hours worked over eight in a workday or over 40 in a workweek.
- Double their regular rate of pay for hours worked over 12 in a workday.
Employees who work seven consecutive days in a workweek are entitled to:
- 1.5 times their regular rate for the first eight hours on the seventh day.
- Double their regular rate for hours worked beyond eight on the seventh day.
Employers must pay for all hours worked, including unauthorized overtime, if they knew or should have known that the employee was working. Employees cannot waive their right to overtime compensation; any agreement to forgo overtime pay is void under California law.
Remedies for Employees
- Unpaid wages
- Premium pay for missed breaks
- Interest on unpaid amounts
- Statutory penalties
- Attorney’s fees and costs
Filing a Wage Claim
Documentation: Collect and maintain records of hours worked, pay stubs, schedules, and any communications with your employer regarding wages and breaks.
Internal Reporting: Consider addressing the issue with your employer or human resources department, providing them with the opportunity to rectify the situation.
Legal Action: If the issue is not resolved internally, you may file a wage claim with the California Labor Commissioner’s Office or consult with an employment law attorney to explore legal remedies.
Consultation with an Employment Law Attorney
Speak with an Employment Law Attorney to Help Protect Your Rights
The California labor laws are complicated and successfully proving wage and hour violations in a court of law should not be attempted without having a highly-skilled employment law attorney on your side to protect your rights. Having the right law firm in your corner can have a significant impact on your ability to prove your case and, if legal action is required, your attorney will guide you on how to proceed and defend your rights.
Wage and hour claims can be complicated and challenging to mount without an experienced lawyer to help you maneuver through the legal process effectively and ensure that your rights are protected.
These sections provide an overview of various employment law issues under California’s Fair Employment and Housing Act (FEHA), including wrongful termination, disability discrimination, failure to engage in the interactive process, misclassification, and violation of wage and hour laws. If you believe your rights have been violated, it is essential to consult with an experienced California employment attorney who can help you understand your legal options and guide you through the process of seeking justice.
Fahim Rahman, an employment attorney with expertise in California law, is dedicated to helping employees protect their rights and achieve fair outcomes in their cases. If you need legal assistance, don’t hesitate to schedule a consultation with Fahim Rahman to discuss your case and determine the best course of action for your situation.