What are "waiting time penalties" in a California wage claim?
If an employer fails to pay all final wages immediately upon firing you, they may owe you a full day’s pay for every day they are late, up to 30 days.
Can I file a claim if my employer misclassified me as an "independent contractor" to avoid paying me for marketing work?
Yes. If the employer controls your schedule and content, you are likely an employee. Misclassification allows you to recover unpaid overtime, meal/rest break penalties, and reimbursement for equipment use.
What if my employer asks me to stay late to film marketing videos but doesn't pay me?
This is a wage and hour violation. Any “off the clock” work required by an employer, including filming videos or managing a business social media page, entitles you to unpaid wages and potential overtime penalties.
Is it legal for my employer to make social media presence part of a bonus plan instead of paying hourly?
No. In California, you cannot substitute mandatory hourly pay with a “bonus” or commission plan for core job duties. If you are forced to maintain a social media presence for the business, you must be paid for that time.
Can my employer force me to film social media videos to get business without paying me?
No. Under California law, any work performed for the employer’s benefit, including creating or posting social media content to promote the business, must be compensated as “hours worked.”
What is the difference between minimum wage and "living wage" claims in California?
California has a single state minimum wage, but many cities like Los Angeles and Sacramento have their own higher minimum wage ordinances. If your employer pays you the state minimum but not the higher local rate, you have a wage claim.
What is a "meal and rest break" violation in California?
In California, non-exempt employees must receive a 30-minute unpaid meal break for shifts over five hours and a paid 10-minute rest break for every four hours worked. If an employer denies these breaks, the employee is entitled to one hour of penalty pay for each violation per day.
Can I file a claim if my employer misclassified me as an "independent contractor"?
Yes. If you are misclassified when you should be an employee (lacking control over your work, schedule, and means), you may be entitled to recover unpaid overtime, meal/rest break penalties, and reimbursement for business expenses, in addition to other employee benefits.
What is the Private Attorneys General Act (PAGA) and how does it relate to my wage claim?
PAGA allows an employee to sue an employer on behalf of the State of California to recover civil penalties for Labor Code violations. PAGA claims can be combined with individual claims for unpaid wages and often result in significant penalties against the employer.