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Employers have the duty to pay their employees accurately and on time.
This includes:
- Proper calculation of wages
- Compliance with minimum wage requirements
- Payment of daily overtime wages
- Timely payment of wages owed upon termination
- Payment of commission or bonuses
- Avoiding improper deductions from wages for breakage, cash shortages, or equipment and supplies
An employer who fails to pay an employee in accordance with federal and state regulations may be required to not only pay the wages owed but also interest, penalties, attorney’s fees, and court costs.
Minimum and Overtime Wages
Employees in California must generally be paid the highest minimum wage applicable to their work. That wage rate may be a city, California, or federal rate.
Employers in California are also generally required to pay time and one-half for any work that exceeds eight hours in one day or 40 hours in a work week. Most employees are also entitled to double pay for any work that exceeds 12 hours in one day or that exceeds eight hours on the seventh consecutive day worked in a single week.
Overtime wages must be paid to all “non-exempt” employees, which includes hourly employees and certain salaried employees. Exempt employees, which typically include executives, administrators and certain professionals, are not required to receive overtime wages. Unfortunately, some employers improperly misclassify employees as exempt workers.
California law and affected employees may bring claims against their employers for the recovery of unpaid wages. Liability can also include interest, penalties, and attorney’s fees.