California has strict laws that ensure employees get fair pay for extra hours or work during breaks. If your boss does not pay you overtime or denies you breaks, you can claim back wages and they can face legal penalties. Here is how it works.
You have rights
California law has two main rules for employers:
- Overtime pay: You should get 1.5 times your regular pay for hours over eight in a day or 40 in a week
- Meal and rest breaks: Employers must give a 30-minute meal break for shifts over five hours and a 10-minute rest break for every four hours worked
If your employers do not follow these rules, they could be committing wage theft.
The law protects employees
The California Labor Code has provisions against wage theft. If an employer miss, disrupts or shorten a meal or rest period, they must pay you an hour’s wage at your usual rate. This penalty can rapidly accumulate, transforming a minor infraction into a significant financial responsibility for your employer.
Defending against wage theft
Here are some actions you can take to protect your rights:
- Keep records: Maintain comprehensive records of your actual work hours, dates when breaks were missed, and any instructions to “clock out and continue working”
- Be aware of deadlines: The statute of limitations for recovering penalties is typically three years from the violation date. Act promptly to avoid missing the window
- Seek legal help: Obtain legal assistance ready to advocate for you
Do not accept unlawful practices. You should be fairly compensated for the work you have completed.