Wage & Hour Issues
Standing Up to Employers Who Violate Wage and Hour Laws
The federal Fair Labor Standards Act (FLSA) sets wage and hour standards for employers throughout the United States, while the California Labor Code creates statewide standards. All employers are expected to comply with the law to ensure that employees receive all of the compensation and benefits they deserve for the work they complete.
Violations of wage and hour laws happen on a regular basis - some are accidental, while others are intentional. Regardless of your employer’s intentions, you have the right to fight against wage and hour issues and to seek the compensation you deserve.
The Eghbali Law Firm is dedicated to representing employees who have their rights violated by employers in California. We only assist employees, and we know how to prove violations to stand up for your rights to back pay and other damages. Contact us to discuss how we can help you.
Common Wage and Hour Violations
Wage and hour laws address a number of issues, which means your employer can violate the law in many different ways. Some common violations involve:
- Not paying minimum wage for all hours worked
- Failing to pay overtime rates
- Mishandling tips
- Not providing required meal and rest breaks
- Expecting off-the-clock work
- Not providing required pay statement and final paychecks
Any of these violations can cost you money that you earned, as well as deprive you of a safe and healthy work environment. The law provides you with the right to seek wages you are owed, and you might also be entitled to additional damages for certain violations.
The Eghbali Law Firm knows how to fight for your rights under wage and hour laws, and we will always give your case the time and care it deserves. Call us today for a free consultation.
California Wage Law Is Different - Use That
Most American workers get federal overtime: time-and-a-half past 40 hours in a week, and that's roughly the end of it. California workers get far more, and employers - especially ones headquartered out of state - shortchange those extras constantly. If any paragraph below describes your paycheck, you likely have a claim, and wage claims come with penalties that stack quickly.
Daily overtime, not just weekly
Over 8 hours in a single day is time-and-a-half, even in a 32-hour week. Over 12 in a day is double time. Work all seven days of a workweek and the seventh day starts at time-and-a-half and hits double time after 8 hours. Employers running "flexible" schedules love to forget the daily triggers.
Meal and rest breaks are paid claims, not perks
A duty-free 30-minute meal period must start before the end of your fifth hour, and a second before the end of the tenth. Rest breaks are 10 paid minutes for every 4 hours or major fraction. Miss one and the law does not just say "sorry" - it awards you one extra hour of pay for that day, per violation type. Years of skipped lunches at a short-staffed store become real money.
Your final paycheck has a stopwatch on it
Fired? Wages and accrued vacation are due immediately at termination. Quit with notice? Due on your last day. Quit without notice? Within 72 hours. Every day the employer is late, Labor Code section 203 adds a full day of your wages as a waiting-time penalty, up to 30 days. A worker earning $200 a day whose final check arrives a month late is owed roughly $6,000 in penalties alone - on top of the wages.
Paystubs, expenses, and the quiet violations
Section 226 requires accurate, itemized wage statements; systematic paystub failures carry statutory penalties. Section 2802 requires employers to reimburse necessary work expenses - a personal cell phone used for work, home-office costs for required remote work, mileage between job sites. Misclassification is the biggest quiet violation of all: under the ABC test, calling someone an "independent contractor" is only lawful if the worker is genuinely free of the company's control, doing work outside its usual business, and independently established. Job title and a 1099 decide nothing.
The numbers that anchor 2026 claims
The statewide minimum wage is $16.90 per hour as of January 1, 2026, dozens of cities set higher local floors, and fast-food workers at chains with 60 or more national locations have a $20.00 floor under AB 1228. Exempt "salaried" status requires roughly twice minimum wage on a salary basis plus genuinely exempt duties - a "manager" who mostly runs a register is usually owed overtime regardless of title.
How these cases are brought
Individual claims can go to the Labor Commissioner or court. Systemic violations - the same broken policy applied to a whole workforce - become class actions or PAGA actions. PAGA lets one employee sue for civil penalties on behalf of all affected workers; since the June 2024 reform, workers keep 35% of penalties recovered. Wage claims generally reach back three years (four under the Unfair Competition Law), so the records you save today value the whole claim.
Legal Disclaimer: This page is provided for general informational purposes only and does not constitute legal advice. Employment law is complex and fact-specific. The information on this page reflects California law as of 2026 and may change. If you believe your rights have been violated, please consult a licensed California employment attorney to evaluate your specific situation.