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.

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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

$120,000
Wage Dispute
$300,000
Safety Violation / Retaliation
$400,000
Wrongful Termination
$350,000
Discrimination
$75,000
Break Violations
$500,000
Harassment / Hostile Work Environment
Past case results are not a guarantee of future performance. Outcomes vary according to the unique facts of each case.

Types of Minimum Wage Violations

Paying below the state or local
minimum wage
Misclassifying non-exempt employees
as independent contractors to avoid wage laws
Deducting time or expenses that reduce
wages below the minimum threshold
Failing to pay for all hours worked,
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.

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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:

Unpaid wages
Liquidated damages equal to the unpaid amount
Interest on unpaid wages
Penalties for wage statement violations
Attorney’s fees and court costs

In some cases, civil penalties may also apply, especially if multiple employees are affected.

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