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Wage and Hour Class Actions

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For more information, visit our Employment Law Q&A section to better understand your situation.

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​​​What Is a Wage and Hour Class Action?

A wage and hour class action is a lawsuit filed on behalf of a group of employees who have experienced the same or similar labor violations. Rather than pursuing an individual claim, one or more employees (known as class representatives) file suit to seek justice not only for themselves but also for others similarly affected.
By joining together, employees increase their power to hold employers accountable and to secure meaningful remedies, including policy changes that benefit the entire workforce.

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Our Class Action Representation

Tunyan Law, APC represents employees in wage and hour class actions in both California state and federal courts. These actions typically involve violations of the California Labor Code and other employment laws. Below are some of the most common violations we handle:

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Unpaid Minimum Wages

Under California law, nearly all employees—regardless of being paid hourly, by salary, commission, or piece rate—are entitled to receive at least the minimum wage for every hour worked.

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Unpaid Overtime Wages

California employers must pay overtime as follows:

  • 1.5x regular rate: For hours worked over 8 in a day, over 40 in a week, or for the first 8 hours on the 7th consecutive workday.

  • 2x regular rate: For hours worked over 12 in a day, or over 8 on the 7th consecutive workday..

 

Unlawful Time Rounding

Employers may not round clock-in or clock-out times in a way that consistently shortchanges employees. If a rounding policy results in underpayment or time shaving, employees may be entitled to recover unpaid wages.

 

Off-the-Clock Work

Work performed before or after a scheduled shift—such as setup, cleanup, paperwork, or working through breaks—must be compensated if done with the employer’s knowledge.

 

Unpaid Commissions

Non-exempt employees paid by commission are protected under California law. Employers must:

  • Pay commissions at least twice monthly

  • Include commissions in overtime calculations

  • Provide a written commission agreement

  • Pay all earned commissions upon termination

 

Alternative Workweek Schedule Violations

Employers offering alternative schedules (e.g., 4/10 or 3/12 shifts) must meet strict legal requirements. Non-compliance can result in overtime liability.

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Failure to Provide Meal Breaks

Non-exempt employees working more than 5 hours are entitled to a 30-minute uninterrupted, unpaid meal break. Missed, late, or interrupted breaks entitle the employee to one hour of premium pay.

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Failure to Provide Rest Breaks

Employees are entitled to a 10-minute rest break for every 4 hours worked or major fraction thereof. Denied or interrupted breaks entitle employees to additional compensation.

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Failure to Reimburse Business Expenses

Employers must reimburse employees for necessary expenses incurred on the job, such as use of personal phones, vehicles, tools, uniforms, and other job-related costs.

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Failure to Timely Pay Final Wages

Employees must be paid all earned wages—including unused vacation, commissions, bonuses, and reimbursements—at the time of termination or within 72 hours of resignation (or on the last day if notice is given). Violations may trigger waiting time penalties.

 

Inaccurate or Non-Compliant Wage Statements

Employers must provide timely, accurate itemized pay stubs that detail hours worked, pay rates, gross and net wages, and other required information. Failure to do so may result in statutory penalties.

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Misclassification as Independent Contractor

Employers may misclassify workers to avoid paying overtime, benefits, or payroll taxes. California law applies strict criteria—regardless of what is stated in any “independent contractor” agreement.

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Misclassification as Exempt Employee

To lawfully classify an employee as exempt from overtime, the employer must meet specific tests regarding job duties and salary thresholds. Misclassification can result in significant wage violations.

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Unpaid Sick Leave and Vacation Pay

  • Sick Leave: California law mandates at least 5 paid sick days (40 hours) per year.

  • Vacation: If an employer offers vacation benefits, earned vacation is considered wages and cannot be forfeited. Employees are entitled to payout of accrued vacation upon separation.

 

If you believe your employer has violated your rights or those of your coworkers, you may be eligible to file a class action. 

 

Facing Any of These Employment Issues? We Can Help.

 

📞 Contact Tunyan Law, APC at 323-410-5050 today to schedule a consultation and discover how we can help you seek the justice you deserve. 

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