Wage and Hour

At Voloshko Law Office, PC in Walnut Creek, CA, our employment law attorneys represent employees throughout the Bay Area, including Alameda, Contra Costa, Santa Clara, San Francisco, and San Mateo counties, in wage and hour disputes. California provides some of the strongest wage protections in the country, and we are here to help you enforce your rights.

1. California Minimum Wage

California maintains a statewide minimum wage that is higher than the federal minimum wage. Local jurisdictions such as San Francisco, Oakland, and other Bay Area cities may have even higher local minimums.

   •    All hours worked must be compensated at least at the applicable minimum wage rate.

   •    Employers cannot reduce wages below the minimum wage through deductions, uniforms costs, or other methods.

2. Overtime Laws

Under California law, non-exempt employees are entitled to overtime pay at the following rates:

   •    1.5x the regular rate for hours worked over 8 in a day or over 40 in a week.

   •    2x the regular rate for hours worked over 12 in a day or over 8 on the seventh consecutive day of a workweek.

California's daily overtime standard is stricter than federal law, which only requires overtime after 40 hours per week.

3. Meal Periods

California law requires employers to provide meal periods to non-exempt employees:

   •    A 30-minute unpaid meal period for shifts longer than 5 hours.

   •    A second 30-minute meal period for shifts longer than 10 hours.

   •    If an employer fails to provide a compliant meal period, the employee is owed one additional hour of pay (a "premium") for each missed meal period.

4. Rest Breaks

Non-exempt employees are entitled to paid rest breaks:

   •    A 10-minute paid rest break for every 4 hours worked (or major fraction thereof).

   •    If a rest break is missed or interrupted, the employer owes one additional hour of pay for each missed break.

5. Off-the-Clock Work

Employers must compensate employees for all time under their control, including:

   •    Pre-shift and post-shift activities that are integral to the job.

   •    Time spent waiting for assignments or equipment.

   •    Mandatory meetings, training sessions, and travel between job sites.

6. Independent Contractor Misclassification

Under California's AB5 law, most workers must be classified as employees rather than independent contractors unless a strict three-part test (the "ABC test") is met. Misclassification deprives workers of:

   •    Minimum wage and overtime protections

   •    Meal and rest break rights

   •    Workers' compensation and unemployment insurance

7. Filing a Wage Claim

Employees have several options to pursue wage and hour violations:

   •    File a wage claim with the California Division of Labor Standards Enforcement (DLSE), also known as the Labor Commissioner's Office.

   •    File a civil lawsuit in California Superior Court.

   •    Pursue a class action lawsuit if multiple employees were affected by the same violations.

   •    File a Private Attorneys General Act (PAGA) claim to recover civil penalties on behalf of the state.

8. Statute of Limitations

   •    3 years for unpaid minimum wage or overtime violations.

   •    3 years for missed meal and rest break premiums.

   •    4 years for claims under California's Unfair Competition Law (UCL).

Do not wait — the sooner you act, the more wages you may be able to recover. Contact Voloshko Law Office, PC at (925) 705-9796 or schedule a consultation to speak with a wage and hour attorney in Walnut Creek, CA.