Wage and Hour

California maintains robust laws designed to protect employees’ rights to fair wages and proper working conditions. These laws cover critical aspects of employment, including minimum wage, overtime pay, meal and rest breaks, accurate pay records, and the timely payment of all earned wages. 

This page provides an overview of key wage and hour rights for employees in California and highlights common issues that can arise. While navigating this complex web of statutes may seem daunting, at Brightwood Law Group, PC, we are dedicated to helping employees recover the compensation they are rightfully owed.

Below are brief summaries of critical wage and hour protections. Each of these topics is complex, and more detailed information can be found on our specific practice area pages.

• Minimum Wage: California law mandates a state minimum wage for all employers, regardless of size. As of January 1, 2025, this rate is $16.50 per hour. However, some cities and counties have established their own local minimum wage ordinances that may require a higher hourly rate; employers must comply with the higher applicable rate. 
• Overtime Pay: Most California employees (non-exempt employees) are entitled to overtime pay for extended hours. This includes one and one-half times (1.5x) the employee’s regular rate of pay for hours worked over eight in a single workday or over 40 in a workweek, and for the first eight hours on the seventh consecutive day of work. Double (2x) the regular rate is due for hours worked over 12 in a single workday and for hours worked over eight on the seventh consecutive day. 

• • Learn more about Unpaid Wages and Overtime

• Meal and Rest Breaks: California law requires employers to provide non-exempt employees with off-duty meal periods and paid rest breaks. Generally, a 30-minute unpaid meal break is required for workdays longer than five hours, and a second for workdays longer than ten hours. Employees are also entitled to a paid 10-minute rest break for every four hours worked or major fraction thereof. Failure to provide compliant breaks results in the employer owing one additional hour of pay (premium pay) for each day a meal break violation occurred and another for each day a rest break violation occurred. 

• • Learn more about Meal Break and Rest Break Violations

• Employee Classification (Exempt vs. Non-Exempt & Independent Contractors): Whether an employee is entitled to overtime and meal/rest breaks depends on their classification as “exempt” or “non-exempt”. To be exempt (e.g., under executive, administrative, or professional exemptions), employees must meet strict salary basis and job duties tests. Misclassifying employees as exempt to avoid paying overtime is a common violation. Similarly, misclassifying workers as “independent contractors” when they should be “employees” denies them numerous wage and hour protections. 

• • Learn more about Misclassification as Exempt Employee

• Accurate Pay Stubs (Itemized Wage Statements): Employers must provide employees with an accurate, itemized wage statement (pay stub) with each payment of wages. Labor Code § 226(a) specifies nine pieces of information that must be included, such as gross wages, total hours worked (for non-exempt employees), all deductions, net wages, pay period dates, employer name/address, and all applicable hourly rates. An employer’s failure to comply can lead to penalties. 
• Timely Payment of Final Wages: When employment ends (whether by termination or quitting), California has strict rules for the timing of the final paycheck. Terminated employees are generally due their final wages, including accrued vacation pay, immediately at the time of termination. Employees who quit with at least 72 hours’ (3 days) notice are due final wages on their last day; those quitting with less notice are due final wages within 72 hours. Willful failure to pay final wages on time can result in waiting time penalties against the employer. 
• Reimbursement for Business Expenses: Under California Labor Code § 2802, employers are required to indemnify their employees for all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of their duties. This means employers must reimburse employees for work-related expenses such as mileage for using a personal vehicle for work, necessary equipment or tools, uniforms, or cell phone usage for business purposes.
  • Learn more about Failure to Reimburse Expenses