Wage and hour violations happen when an employer breaks California’s rules on pay, overtime, and breaks. That includes paying below the $16.90 minimum wage, skipping overtime, denying meal or rest breaks, or holding your final paycheck too long.
California’s rules are stricter than federal law, and workers can recover unpaid wages plus penalties when an employer cuts corners.
What Are Wage and Hour Violations?
A wage and hour violation is any failure to pay you what the law requires for the time you worked.
Common ones include:
- Paying less than minimum wage, state or local
- Not paying overtime at the correct rate
- Denying or cutting short meal and rest breaks
- Off-the-clock work you were never paid for
- Late or incomplete final paychecks
- Misclassifying employees as contractors or as exempt
Some of these are honest payroll mistakes. Others are deliberate. Either way, the law lets you recover what you are owed. You can see an overview of common wage and hour issues in California.
What Is the Minimum Wage in California in 2026?
The statewide minimum wage is $16.90 per hour as of January 1, 2026, for all employers regardless of size. You can confirm the current rate on the state’s minimum wage page.
Two things to watch:
- Local rates can be higher. Many cities and counties set their own minimums above the state rate, and you are owed the higher rate for work performed there.
- Some industries are higher. Fast food workers at large chains earn at least $20 per hour, and many health care workers have their own higher rates.
California also does not allow a “tip credit.” Your tips belong to you on top of the full minimum wage, not counted toward it.
When Are You Owed Overtime in California?
California uses a daily overtime rule, which is stronger than the federal weekly-only rule. Under Labor Code § 510, most non-exempt employees earn:
- 1.5x pay for hours over 8 in a day, over 40 in a week, and the first 8 hours on a seventh straight workday
- 2x pay (double time) for hours over 12 in a day, and for hours over 8 on a seventh straight workday
Overtime is based on your “regular rate,” which includes nondiscretionary bonuses and commissions, not just your base hourly wage. Employers who leave those out end up underpaying overtime, a common form of wage theft.
A job title like “manager” does not make you exempt. To be exempt from overtime in 2026, a salaried employee generally must earn at least $70,304 per year and meet strict duties tests. If you do the same work as hourly staff, a title alone will not take away your overtime.
What Are the Meal and Rest Break Rules?
California requires paid rest breaks and unpaid meal breaks on a set schedule.
Meal breaks (Labor Code § 512):
- A 30-minute unpaid meal break if you work more than 5 hours
- A second 30-minute meal break if you work more than 10 hours
Rest breaks:
- A paid 10-minute rest break for every 4 hours worked, or major fraction of it
If your employer denies a break, makes you work through it, or cuts it short, you are owed one extra hour of pay at your regular rate for each type of break missed that day (Labor Code § 226.7).
You can read more about California meal and rest break rules and how the premium pay works.
When Is Your Final Paycheck Due?
Timing depends on how your job ends:
- Fired or laid off: your final paycheck is due immediately (Labor Code § 201).
- You quit with at least 72 hours’ notice: due on your last day.
- You quit without notice: due within 72 hours (Labor Code § 202).
If the employer pays late, you may be owed a “waiting time penalty” of a full day’s wages for each day the check is late, up to 30 days (Labor Code § 203). Your final pay must also include unused, earned vacation.
What Is Employee Misclassification?
Misclassification is when an employer labels you as an independent contractor to avoid paying for overtime, breaks, and other protections you have earned as an employee.
California uses the strict ABC test (Labor Code § 2775). To treat you as a contractor, the company must prove all three:
- A: You are free from the company’s control over how you do your work.
- B: Your work is outside the company’s usual business.
- C: You run your own independent trade or business.
If the employer cannot prove all three, you are an employee under the law and entitled to full wage and hour protections, including minimum wage, overtime, and break premiums.
What Must Your Pay Stub Show?
California law also requires employers to give you an accurate, itemized pay stub each pay period under Labor Code § 226.
Your wage statement should clearly list details such as:
- Gross and net wages earned
- Total hours worked for non-exempt employees
- All hourly rates in effect and the hours worked at each rate
- All deductions taken from your pay
- The pay period dates and your employer’s legal name and address
A pay stub that hides hours, leaves off overtime rates, or lumps everything into one number can make it hard to catch underpayment. Missing or inaccurate wage statements can carry their own penalties, separate from the unpaid wages themselves.
How Do You File a Wage Claim in California?
You can file a claim with the California Labor Commissioner’s Office, part of the Division of Labor Standards Enforcement. Steps that help:
- Gather records: pay stubs, time sheets, schedules, and any notes on hours worked.
- Calculate what you were paid versus what you were owed.
- File your claim with the Labor Commissioner, or ask an attorney about going to court.
Deadlines matter. Most unpaid wage claims must be brought within three years, and some stretch to four years. The sooner you act, the more of your pay you can recover.
Your Next Step After Unpaid Wages
If your paychecks do not match your hours, you have options. Keep your records, write down what happened, and get advice before a deadline runs out.
Malk Law Firm represents California and Washington workers in unpaid wage, overtime, and meal and rest break cases, with offices in Beverly Hills and Seattle. Contact us for a free, confidential review of your pay.