Minimum Wage Violations
California has some of the highest minimum wage standards in the country, and employers are legally required to comply with both state and local wage laws.
When an employer pays less than the applicable minimum wage, the employee may be entitled to back pay, penalties, and interest.
Current Minimum Wage Laws
As of January 1, 2024:
- The statewide minimum wage is $16.00 per hour for all employers, regardless of size.
- Local ordinances may set higher rates. Cities like San Francisco, Los Angeles, and San Jose have their own minimum wage laws that override the state minimum when higher.
Employers must pay the highest applicable minimum wage—whether local, state, or federal.
Case Results
Types of Minimum Wage Violations
minimum wage
as independent contractors to avoid wage laws
wages below the minimum threshold
including pre-shift prep, closing duties,
or off-the-clock work
Even if an employee agrees to work for less, such an agreement is not legally enforceable.
Legal Rights of Employees
Employees who are underpaid may file a wage claim with the California Labor Commissioner’s Office or pursue a lawsuit for unpaid wages. Employers cannot retaliate against an employee for asserting their wage rights.
Claims can go back up to three years—or four years if filed under California’s Unfair Competition Law.
Remedies and Penalties
When minimum wage violations are proven, employees may recover:
In some cases, civil penalties may also apply, especially if multiple employees are affected.