Wage and Hour Attorneys in Sacramento, CA
Reach Out to Goyette, Ruano + Ulmer
California has some of the most protective wage and hour laws in the country, yet violations remain widespread. If you have been denied overtime pay, forced to skip meal or rest breaks, paid less than the minimum wage, or required to work off the clock, you may be owed significant back wages, penalties, and interest.
Goyette, Ruano + Ulmer represents California employees in wage and hour claims, from individual cases to large class actions and Private Attorneys General Act (PAGA) suits.
Common Wage and Hour Violations in California
Unpaid Overtime: California law requires overtime pay at one and a half times the regular rate for hours worked beyond eight in a single day or 40 in a week, and double time for hours beyond 12 in a single day. Employers that apply only the federal overtime threshold may be violating California law.
Misclassification as Exempt From Overtime: Exempting an employee from overtime requires meeting strict tests related to actual job duties, level of independent judgment exercised, and minimum salary. Job titles do not determine exempt status. Employees labeled as managers or professionals who primarily perform non-exempt duties may be improperly classified.
Independent Contractor Misclassification: California's ABC test sets a demanding standard for classifying workers as independent contractors. Workers who are misclassified may be entitled to overtime pay, minimum wage, expense reimbursement, and other benefits that employees receive.
Minimum Wage Violations: California's statewide minimum wage sets a floor, but many cities and counties have enacted higher local rates. Employers are required to pay whichever rate is highest. Paying statewide minimums in a jurisdiction with a higher local rate is a violation.
Meal Period Violations: Employees who work more than five hours in a day are entitled to a 30-minute unpaid meal period. A second meal period is required for shifts exceeding ten hours. Employees who are denied meal periods, pressured to skip them, or required to remain on duty during them may be entitled to one hour of premium pay per violation.
Rest Period Violations: California employees are entitled to a paid 10-minute rest period for every four hours worked, or major fraction thereof. Employers that fail to provide proper rest breaks owe one additional hour of pay per missed break.
Off-the-Clock Work: Requiring employees to perform work before clocking in, after clocking out, or during unpaid breaks is unlawful. This includes pre-shift security screenings, mandatory pre-shift meetings, and responding to work communications outside scheduled hours.
Failure to Reimburse Business Expenses: Under California Labor Code Section 2802, employers must reimburse employees for all necessary business expenses, including personal cell phone use, mileage, and required tools or equipment.
Prevailing Wages on California Public Works Projects
Employees who work on qualifying public works projects in California are entitled to the prevailing wage rate established by the Department of Industrial Relations for their job classification. Prevailing wage rates are typically higher than the standard minimum wage. Employers that pay below the applicable prevailing rate may face substantial back-wage liability, civil penalties, and contractor licensing consequences.
Class Actions and PAGA Claims for Wage Violations
When a wage and hour violation is the product of a company-wide policy or practice, a class action or PAGA claim may be the most effective path to recovery for affected employees. These cases allow workers with similar claims to pursue them together.
Goyette, Ruano + Ulmer is one of the few firms in California with significant experience handling wage and hour class and collective actions on behalf of both private sector and public sector employees, including those covered by collective bargaining agreements.
What You Can Recover in a Wage and Hour Case
- Unpaid wages and overtime
- Meal and rest period premium pay, one hour per violation
- Waiting time penalties for wages not paid at the time of separation, up to 30 days of wages
- PAGA civil penalties
- Interest on unpaid wages
- Attorney's fees and litigation costs
Contact a California Wage and Hour Attorney
Wage claims involve complex calculations, multiple applicable statutes, and strict filing deadlines. The sooner you take action, the more wages you may be able to recover.
Contact Goyette, Ruano + Ulmer to discuss your wage and hour claim
Exempt status under California law depends on the actual duties you perform, the degree of independent judgment you exercise in performing them, and whether your salary meets the required minimum. Employees labeled as managers or professionals who spend the majority of their time on non-exempt tasks are often misclassified. An attorney can review your job duties and determine whether the exemption applies.
Not necessarily. Receiving a salary does not automatically make you exempt from overtime. You must also satisfy the duties test for the applicable exemption. Many salaried workers are non-exempt under California law and are entitled to overtime pay for qualifying hours.
No. California Labor Code Section 98.6 prohibits retaliation against employees who file wage claims, complain about unpaid wages, or participate in related proceedings. If you experienced adverse action after raising wage concerns, you may have a retaliation claim in addition to your underlying wage claim.
The statute of limitations for most California wage claims is three years from the date of the violation. FLSA claims carry a two-year period, or three years for willful violations. PAGA claims generally have a one-year lookback. An attorney can assess the full recovery period available for your specific claims.
The Private Attorneys General Act allows employees to sue on behalf of themselves and other similarly situated employees for Labor Code violations. Unlike a class action, PAGA does not require court certification. A portion of the penalties recovered go to the California Labor and Workforce Development Agency, and the rest is distributed to affected employees. PAGA is often used alongside individual and class claims to maximize recovery.
Under California law, both the staffing agency and the client employer may be jointly liable for wage and hour violations. California Labor Code Section 2810.3 specifically holds client employers liable for wage violations by labor contractors for work performed on their behalf. If you have been shortchanged on wages, there may be multiple responsible parties, which can improve your ability to recover.