California’s labor laws are among the toughest in the nation, but they’re also among the most frequently broken. From withheld paychecks to ignored rest breaks, countless workers across Los Angeles and throughout California experience violations every day that cost them their hard-earned wages and dignity.
At West Coast Employment Lawyers, our firm is dedicated to holding employers accountable for violating the California Labor Code. Below are the five most common labor violations our attorneys see and what you can do if your employer has crossed the line.
1. Wage Theft and Unpaid Wages
Wage theft remains one of the most widespread violations in California workplaces. It happens when an employer fails to pay workers what they are legally owed, including minimum wage, overtime, or promised bonuses.
Under California Labor Code §§221–224, employers cannot take unauthorized deductions from paychecks or require employees to work off the clock. The California Labor Commissioner’s Office defines wage theft as any situation where employees are shorted on pay, whether intentional or due to “clerical error.”
Common Examples Include:
- Not paying for overtime or hours worked beyond a scheduled shift.
- Forcing employees to clock out but continue working.
- Deducting money for uniforms or cash shortages.
- Failing to pay minimum wage for tipped employees.
Even small underpayments add up quickly, because a worker losing just $100 per week in unpaid wages could lose over $5,000 per year, money that can and should be recovered.
2. Meal and Rest Break Violations
California’s Labor Code §226.7 and §512 require employers to provide uninterrupted meal and rest breaks. Workers are entitled to:
- One 30-minute unpaid meal break if they work more than five hours.
- A second meal break if they work over ten hours.
- One 10-minute paid rest break for every four hours worked.
When employers deny or interrupt these breaks, they must pay one additional hour of pay per missed meal or rest period. For instance, industries such as retail, healthcare, and warehouse operations often pressure employees to work through breaks or eat “on the floor.”
Even common cases such as a cashier being forced to cover during lunch because of short staffing is still considered a meal break violation is that worker is entitled to her full meal break (or penalty pay for every violation). As such, meal and rest break violations are among the easiest for employees to prove through time records, shift schedules, or coworker testimony.
3. Misclassification of Employees as Independent Contractors
California’s AB 5 law and Labor Code §2775 make it clear: a worker is presumed to be an employee unless the employer can prove otherwise under the ABC Test.
To legally classify someone as an independent contractor, an employer must show that:
A. The worker is free from company control;
B. The work performed is outside the usual course of the business; and
C. The worker operates an independent business.
When employers misclassify workers, they avoid paying overtime, payroll taxes, and providing benefits like paid sick leave or unemployment insurance. For example, a delivery driver who wears the company’s uniform, follows assigned routes, and works full-time hours is not a true contractor, they’re an employee, entitled to full protections under California labor law.
4. Retaliation and Wrongful Termination
Employees have the right to report illegal or unsafe workplace behavior without fear of retaliation. Under Labor Code §1102.5, it’s unlawful for an employer to fire, demote, or discipline someone for reporting wage theft, discrimination, or safety violations. Wrongful termination occurs when an employer fires an employee for asserting their legal rights.
Examples of Retaliatory Acts Include:
- Termination after filing a wage complaint.
- Reduced hours after reporting harassment or discrimination.
- Threats, intimidation, or negative performance reviews after whistleblowing.
These cases are protected under both California law and federal laws such as the Fair Labor Standards Act and the Equal Employment Opportunity Commission regulations. Victims of retaliation may recover lost wages, emotional distress damages, and punitive damages for the employer’s unlawful actions.
5. Failure to Pay Final Wages on Time
When a worker is terminated or quits, Labor Code §§201–203 require that final wages be paid promptly (including unused vacation time.)
- If an employee is fired, the final paycheck must be provided immediately.
- If an employee resigns, it must be issued within 72 hours.
Failing to meet these deadlines triggers waiting time penalties, which equal one full day’s wages for each day the payment is delayed, up to 30 days.
For example, if a server quits on Friday but doesn’t receive her final paycheck until the following week is entitled to five days of penalty pay. Due to a variety of circumstances, late or missing final paychecks are among the most common California labor code violations, often indicating deeper payroll compliance issues.
What Workers Can Do If Their Employer Breaks the Law
If you suspect your employer has violated California labor laws:
- Gather documentation — including pay stubs, emails, timecards, and schedules.
- Keep detailed notes about conversations and hours worked.
- File a claim with the California Division of Labor Standards Enforcement, or contact an experienced employment attorney.
California’s wage and hour laws strongly favor employees, but strict filing deadlines apply. Taking early action is key to protecting your rights.
How West Coast Employment Lawyers Can Help
At West Coast Employment Lawyers, we have recovered millions in unpaid wages and penalties for California workers whose employers violated the Labor Code. Our skilled employment attorneys bring in-depth knowledge of state and federal labor standards to every case. We represent employees across Los Angeles County and throughout California on a contingency fee basis.
If your employer failed to pay your wages, denied breaks, or retaliated after you spoke up, contact West Coast Employment Lawyers today for a free consultation.
Call (213) 927-3700 or use our online contact form to schedule your free case consultation with our legal team.
