Is your employer always within their rights to deny overtime pay in Glendale?
No, your employer is not always within their rights to deny overtime pay. California law requires most non-exempt employees to receive overtime pay at 1.5 times their regular rate for hours worked over 8 in a workday or 40 in a workweek, and for the first 8 hours on the seventh consecutive day of work in a workweek.
Working more than 12 hours in a day, or more than 8 hours on the seventh consecutive day, means you should get double your regular rate of pay. Misclassifying an employee as "exempt" is a common way employers try to avoid these rules.
What California wage and hour laws protect Glendale workers?
California provides strong protections for workers, covering many aspects of pay and working conditions. These protections include rules about minimum wage, overtime pay, and meal and rest breaks.
Employers must pay at least the state minimum wage for all hours worked. They must also provide proper meal breaks of at least 30 minutes for shifts over five hours, and 10-minute rest breaks for every four hours worked, or major fraction thereof. If an employer fails to provide these breaks, they owe you one hour of pay at your regular rate for each missed break period. Other protections cover issues like unpaid wages, illegal deductions, or not being paid all your wages when you leave a job.
How long do you have to file a wage and hour claim, and what can you recover?
Most wage and hour claims in California must be filed within specific deadlines. Generally, you have three years to recover unpaid minimum wage or overtime (Cal. Code Civ. Proc. § 338(a)). For claims alleging failure to provide meal or rest breaks, the deadline is also typically three years. However, claims for written contracts, such as an employment agreement that specifies wage terms, can extend to four years (Cal. Code Civ. Proc. § 337(1)).
If your claim is against a city, county, or public agency in Los Angeles County, a written claim must be presented to that public entity within six months of the incident (Cal. Gov. Code § 911.2) before you can file a lawsuit. The deadline is generally paused while an injured person is a minor under CCP § 352, but § 352(b) removes that pause for claims against public entities under the Government Claims Act.
When you pursue a claim, California law allows recovery for the unpaid wages or penalties due, interest on those amounts, and often attorney's fees and litigation costs. Penalties can significantly increase the total recovery, especially for repeated violations or claims brought under the Private Attorneys General Act (PAGA).
What steps should you take if your employer violates wage laws?
- Document Everything: Keep detailed records of your work hours, pay stubs, employment contracts, and any communications with your employer about wages or working conditions. If you have any proof of missed breaks, unpaid overtime, or illegal deductions, save it.
- Know Your Rights: Understand the specific California wage and hour laws that apply to your situation. Resources online or a quick conversation with a legal professional can clarify what your employer owes you. You can learn more about your general employee rights in Glendale.
- Consult with an Attorney: Speak with a lawyer experienced in wage and hour law. They can assess your situation, explain your options, and help you decide the best course of action. This includes advice on claims like retaliation and whistleblowing if your employer has punished you for speaking up.
- File a Claim: Your attorney can help you file a claim with the California Labor Commissioner's Office or file a lawsuit in court. The specific path depends on the nature and extent of the violations.
Where are Glendale wage and hour claims filed?
Wage and hour lawsuits originating in Glendale are generally filed in the Superior Court of California, County of Los Angeles. Under LASC Local Rule 2.3 and the General Order re Assignment and Transfer of Personal Injury Cases, effective May 17, 2024, a case is filed in the judicial district where the incident occurred and is assigned to that district's Personal Injury Hub department. For Glendale, cases often go to the Burbank Courthouse, located at 300 E Olive Ave, Burbank, CA 91502.
For administrative claims, a complaint can be filed with the California Labor Commissioner's Office, also known as the Division of Labor Standards Enforcement (DLSE). These administrative claims are handled through hearings and investigations by the Labor Commissioner rather than a court lawsuit.
What does working with our firm involve?
When you work with Casa Legal Los Angeles, we start by listening carefully to your story and reviewing all your documentation. We gather evidence to build a strong case, which might include pay stubs, time sheets, employment agreements, and witness statements. We handle all communications with your employer or their legal team, protecting you from further stress. Our goal is to recover the full compensation available under California law for your unpaid wages, missed breaks, and any penalties.
We represent workers across Los Angeles County, including those in Downey and Huntington Beach, focusing our efforts entirely on employment law issues like wage and hour disputes. Our team prepares your claim, whether it goes before the Labor Commissioner or a court, and we fight for your rights every step of the way.
Frequently Asked Questions
What is minimum wage in Glendale?
The minimum wage in Glendale follows the California state minimum wage, which increases periodically. Employers are required to pay at least this rate, and some cities or counties may have higher local minimum wages, but Glendale currently adheres to the state standard. It is important to check the current state minimum wage each year as it may change.
Can an employer make me work off the clock?
No, an employer cannot make you work off the clock. All time an employee spends performing work-related tasks, regardless of whether it's before or after their scheduled shift, during meal breaks, or remotely, must be compensated. Failing to pay for all hours worked, including off-the-clock work, is a violation of California wage and hour laws.
What if I am misclassified as an independent contractor?
If you are misclassified as an independent contractor when you should be an employee, your employer may owe you unpaid wages, overtime, and reimbursement for business expenses. California law sets strict standards for determining independent contractor status, primarily using the "ABC test" to decide if a worker is truly independent or an employee entitled to wage and hour protections. Claims involving misclassification are common.
What is the Private Attorneys General Act (PAGA)?
The Private Attorneys General Act (PAGA) allows employees to sue employers on behalf of themselves and other aggrieved employees for labor code violations, as if they were the state. PAGA claims can result in substantial penalties, with 75% of the recovered penalties going to the California Labor and Workforce Development Agency and 25% going to the aggrieved employees. It is a powerful tool for holding employers accountable for widespread wage and hour violations.
If your employer has violated your wage and hour rights in Glendale, you don't have to face them alone. Contact Casa Legal Los Angeles today at 888-585-2529 for a confidential discussion about your situation. No attorney's fees unless we win — and no case costs either.