Wage and Hour Violations

At Phillips, Erlewine, Given & Carlin, we are experienced in helping employees vindicate their rights to be paid what they are owed under the California Labor Code.

Wage theft is a $50 billion-a-year problem in the United States.

We help employees who have been subject to wage theft get that money back where it belongs, in the pockets of the employees who earned it. Often times, this means representing workers on a class action or PAGA-representative basis to make sure employers compensate all those impacted by their illegal policies and practices. 

We have a long history of assisting groups of employees holding their current or former employers accountable for their wage theft:

• Wage and Hour Class Action on behalf of over 3,000 automobile dealership employees: $6,500,000

• Wage and Hour Class Action on behalf of automobile technicians: $4,035,600

• Wage and Hour Class Action on behalf of healthcare company employees: $3,150,000

• Wage and Hour Class Action on behalf of around 700 restaurant workers. $1,900,000

• Wage and Hour Class Action on behalf of diagnostic imaging technicians: $1,300,000

• Wage and Hour Class Action on behalf of over 500 automobile dealership employees: $1,200,000

• Wage and Hour Class Action on behalf of 150 restaurant employees: $1,000,000

Understanding Wage and Hour Violations

A wage and hour violation occurs when an employer fails to pay an employee what they are owed under state or federal law or fails to provide them notice of how they are being paid or why. These violations can take various forms, ultimately resulting in employees being short-changed for their labor. Such violations can simply be referred to as wage theft because employers who do not pay employees what they are entitled to under the law are effectively stealing their wages.

Common wage and hour violations include:

1. Minimum Wage Violations

Under California law, every employee is entitled to receive at least the minimum wage for each and every hour the employee worked. Minimum wage violations can occur when employers:

• Pay employees less than the state or local minimum wage

• Misclassify workers as independent contractors to avoid paying minimum wage

• Fail to pay employees for each hour they work, by, for instance, altering their time to make it seem like they worked less hours than they ultimately did

2. Meal and Rest Break Violations

California requires employers to provide meal and rest breaks to non-exempt employees.

Meal Breaks

California law requires employers to provide workers who work over five hours in a day one unpaid 30-minute meal break. That break must start before the end of the fifth hour of their shift and must be uninterrupted by work. Unless otherwise agreed to by the employee in specific instances, the break must be fully off-duty, meaning the employer has no control over the employee during that time.

If an employee works ten or more hours in a day they are entitled to a second meal period that must start on or before the end of their tenth hour of work. An employee may waive this second meal period if they do so in writing under specific circumstances.

An employer is prohibited from impeding or discouraging an employee from taking their meal breaks.

If an employer violates these rules, it must pay the employee premium pay, which is equivalent to one hour of wages.

Rest Break Violations

California law requires that employers provide workers an opportunity to take a 10-minute off-duty rest period every 3.5 hours. Unlike meal periods, rest breaks are counted as time worked and must be paid. Like meal breaks, however, rest breaks must be uninterrupted, and employers must relinquish control of employees during that time.

A violation of these rules requires an employer to pay the employer premium pay, equivalent to one-hour wages for each day a violation occurs.

3. Overtime Violations

In California, employees are entitled to receive overtime pay—that is one and one-half times their regular rate of pay—for any hours worked beyond eight hours in a workday or  40-hours in a workweek. If an employee works more than twelve hours in a day, they must receive double their regular rate of pay for those hours worked. Overtime violations can occur when employers:

• Fail to pay overtime rates as outlined above

• Alter employee time records or require employees to alter their own records to show they worked less overtime than they actually did

• Misclassify employees as exempt from overtime requirements

Certain workers may be exempt from overtime requirements in California, including certain:

• Executives

• Professionals

• Administrative employees

• Outside salespeople

• Managerial employees

• Commission-paid employees

If you are unsure whether you are exempt from California overtime laws, consult a knowledgeable wage and hour attorney.

4. Failure to Reimburse Employees for Necessary Business Expenses

California law requires all employers to pay for employees’ necessary business expenses. This can include:

• Personal cell phone use and home internet (if required for work)

• Tools

• Office Supplies

• Required Uniforms

5. Failure to Pay a Gratuity Intended for Employees

In the service industry, an employee’s tips can be an essential part of their income. California law protects those workers who rely on those tips to make ends meet. Under California Labor Code § 351, an employer cannot collect, take, or receive any part of a gratuity left for an employee or deduct any amount from wages due to a gratuity left for an employee. Tip pooling policies among service employees must be reasonable.

6. Failing to Pay Earned Wages at the Time of Separation

California law requires all employers to pay employees all wages they are owed 1) on the last day of employment if the employee is terminated or 2) within 72-hours of separation of employment if the employee resigns. A willful failure to do so by an employer can result in penalties up to 30-days lost wages.

7. Failure to Provide Accurate Wage Statements

California Labor Code § 226 requires employers to provide employees with timely and accurate wage statements. Failure to do so can result in penalties owed from the employer to impacted employees.

Why Choose Us?

Experienced Legal Team

Our firm boasts a team of highly skilled wage and hour attorneys who have a deep understanding of substantive and procedural laws and can help employees fight back against the wrongful conduct of their employers.  Our team of experienced attorneys is well-versed in the intricate nuances of these cases and will guide you through the entire legal process, ensuring your rights are defended and your voice is heard.

Comprehensive Approach

We take a comprehensive approach to employment litigation, ensuring that our clients' interests are vigorously protected. From initial consultation through to trial, we leave no stone unturned in building a strong case and maximizing the chances of a favorable outcome.

Tailored Legal Strategies

Every case is unique. We recognize the importance of tailoring our strategies to meet the specific needs and circumstances of our clients. Our team of wage and hour attorneys invest significant time and effort in thoroughly assessing each case—whether it be on behalf of an individual or a class of impacted employees—enabling us to develop a customized legal approach that aligns with our clients’ goals.

If you or your co-workers are suffering from any of the above violations or you believe your employer is systematically underpaying you in violation of California law, please contact us today to discuss your rights. Our experienced wage and hour attorneys are here to help.

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