California has some of the most complex wage and hour laws in the country, as state laws may set different minimum wages for specific industries or workplaces, and various municipalities have their own minimum wage laws. As a result, businesses in California may face wage and hour issues unique to their industries or at least more common in them than in others.

Wage and Hour Issues in Different Industries in Cali

Below are some common wage and hour issues that businesses in specific fields may face.

Healthcare

Healthcare professionals frequently work long or irregular shifts, which can lead to wage and hour issues such as:

  • Failing to pay the applicable minimum wage based on the type of facility
  • Not compensating employees for off-the-clock work, such as reviewing charts before a shift, briefing oncoming staff, donning or doffing, or completing reports
  • Requiring employees to work through meal or rest breaks due to short-staffing or unforeseen medical emergencies

Hospitality

Many employees in the hospitality industry work in jobs that customarily and regularly receive tips, including servers, bartenders, bellhops, and valets. As a result, some of the wage and hour issues that may occur for hospitality workers include:

  • Improper tip credits, as California’s wage and hour laws do not permit employers to take a tip credit; instead, employers must pay workers at least the full applicable minimum wage, with workers earning any tips they receive in addition to their wages
  • Tip pooling, particularly when employers have unclear tip pooling policies or engage in improper practices, such as allowing non-tipped employees, like managers, to share in the tip pool
  • Denial of rest and meal breaks caused by employers requiring hospitality workers to work rush periods and skip their own breaks

Retail

Many retail employees work on an hourly basis, often at minimum wage. Common wage and hour violations that occur in the retail industry include:

  • Illegally altering timecards to avoid overtime
  • Requiring workers to perform pre- or post-shift work without clocking in
  • Failing to pay the applicable minimum wage in a locality when a business has locations in different municipalities

Construction

Construction workers can find themselves in situations that lead to wage-and-hour issues, including frequent job site changes and constantly changing work schedules. Problems that can arise in the construction industry that lead to wage and hour claims include:

  • Failing to keep track of workers’ hours due to last-minute changes in work assignments or shift schedules, which can result in missed hours worked and uncompensated overtime
  • Not paying overtime for extended construction shifts
  • Failing to pay the prevailing wage on public construction projects

Are there any LA Specific Laws?

Yes. Wage and hour laws specific to Los Angeles include:

  • Higher minimum wage rules than state and federal law, including an increased minimum wage for workers in hotels with 60 or more rooms
  • Paid sick leave requirements for businesses with more than 25 employees
  • Fair workweek ordinances, which require covered employers to post schedules at least 14 days in advance and provide predictability pay to employees adversely affected by changes made less than 14 days before the start of a work period

Contact Our Firm Today

Are you a California worker who suspects your right to a fair wage has been violated? Then contact Moon Law Group today for a free, confidential case review with an employment law attorney about how we can help you demand compensation and accountability from your employer.