Author: timothymccandless

California’s minimum wage is among the highest in the country — but the floor is also more complex than most workers realize. Local minimum wages, industry-specific rates, and the interaction with piece rate pay create opportunities for underpayment that employers sometimes exploit. The Current Landscape California’s statewide minimum wage is $16/hour as of January 2024.…

The settlement conference is the first major event after filing a DLSE wage claim. Workers who know what to expect — and how to prepare — consistently achieve better outcomes. How to Prepare Bring: your complete claim calculation organized by violation type, pay stubs and time records for the period claimed, any written communications about…

California’s three-year statute of limitations on wage claims means you can recover for violations going back three years from your filing date. Building a complete lookback calculation requires organizing evidence systematically. Building the Record Start with whatever documentation you have: pay stubs, bank records showing direct deposits, any written schedule records, text messages about hours,…

Piece rate pay — compensation based on units produced rather than hours worked — creates specific opportunities for wage theft. California law has enacted special protections for piece rate workers that many employers still don’t follow. The Separate Compensation Requirement Since 2016, California law requires employers to compensate piece rate workers separately for rest periods…

Many California workers believe that receiving a salary means no overtime. This is one of the most common and costly misconceptions in wage law. Most salaried workers in California are not exempt from overtime. The Exemption Test To be exempt from overtime, a salaried employee must: (1) earn at least twice the state minimum wage…

California Labor Code § 351 provides that all tips belong to the employees who earned them. Employers who take a portion of tips, require tip pooling with managers or supervisors, or use tips to offset wages are stealing from workers. Common Forms of Tip Theft Tip theft occurs when: the employer takes a percentage of…

California Labor Code § 226 requires pay stubs to contain specific information. Employers who issue defective pay stubs face penalties of $50 for the first violation and $100 for each subsequent violation — up to $4,000 per employee. What Must Appear on Every Pay Stub Required items: gross wages earned, total hours worked (for non-exempt…

California overtime is calculated on the ‘regular rate of pay’ — not just the base hourly wage. Workers who receive bonuses, piece-rate pay, or other compensation often find their overtime has been systematically undercalculated. What Goes Into the Regular Rate The regular rate must include: the base hourly wage, non-discretionary bonuses (production bonuses, attendance bonuses,…

California Labor Code § 98.6 prohibits employers from retaliating against workers who file wage claims, complain about wage violations, or participate in any enforcement action. Retaliation adds significant liability on top of the underlying wage claim. What Counts as Retaliation Retaliation includes: termination, demotion, reduction in hours, hostile work environment, negative performance reviews, or any…

The Private Attorneys General Act (PAGA) allows workers to sue their employer on behalf of the State of California and other affected employees. To use PAGA, you must first send a written notice to both the employer and the California Labor and Workforce Development Agency (LWDA). How to Send a PAGA Notice The notice must…