Coming forward to report your employer for minimum wage, overtime, and other violations can be daunting for working people. Some are understandably worried that even an anonymous report will be traced back to them and cost them their jobs.
Fortunately, California law protects whistleblowers from being fired, demoted, or otherwise retaliated against. At Justice Law Corporation, our California wage and hour attorneys help people who have been ripped off on the job fight back. We routinely work with whistleblowers to take action for themselves and their coworkers. Our lawyers have a strong track record of success in verdicts and settlements.
Here is what you need to know about blowing the whistle on wage and hour violations.
Minimum Wages and Overtime Pay
California has some of the strongest wage and hour protections on the books across the country.
State law guarantees workers the right to be paid at least minimum wage for all hours worked. Currently, it starts at $16.50 statewide, with higher wage floors in certain cities and counties, and different requirements for workers in certain healthcare and fast food jobs.
Employers are required to pay workers higher rates for overtime work. Employers must pay covered employees time-and-a-half wages for any time worked beyond eight hours in one workday or 40 hours in one workweek. They must also pay 1.5x the rate for the first eight hours worked on the seventh consecutive day of work in a workweek.
Employees are entitled to be paid twice their normal rate for time worked over 12 hours in a day, or beyond eight hours on the seventh consecutive day of work in a workweek.
State law additionally guarantees workers the right to rest and meal breaks.
How to Blow the Whistle
There are several ways in which employees can report wage and hour violations.
Whistleblowers often begin by reporting unlawful practices to their supervisors, managers, or human resources. A worker might notify HR, for example, that he or she is being denied meal breaks. Or the worker might tell HR that he or she is routinely being forced to work overtime but not being paid at the higher required rate.
Employees are not required to make an internal complaint before going to state authorities or filing a lawsuit, but this step can be helpful. Making a complaint puts an employer on notice of the violation and gives the employer an opportunity to correct the problem before it escalates.
Workers can also take their complaints to state authorities by filing a claim with the California Labor Commissioner’s Office. Investigators will review the claim and determine whether a violation has occurred. For violations, it can order an employer to pay:
- Backpay with interest
- Liquidated damages (doubling the amount owed)
- Attorney’s fees and costs
Employees also have the right to take their claims straight to court by filing a lawsuit. That includes filing an individual suit or a class action on behalf of a group of similarly situated employees who have also been shortchanged by the same employer. A class action is a particularly valuable tool because it helps employees even the playing field with massive corporations by joining together to pursue their claims.
In addition, California’s Private Attorneys General Act (PAGA) empowers workers to enforce labor code violations on behalf of the state. Whistleblowers can pursue penalties through PAGA not only for their own mistreatment but also on behalf of other employees.
Whistleblower Protections
Multiple state laws shield workers from retaliation for blowing the whistle on their employers.
The primary protections come from Section 1102.5 of California’s Labor Code. This law bans employers from retaliating against employees who:
- Report suspected violations of law to a government or law enforcement agency
- Disclose violations to a person with authority over the employee or the employer
- Testify or provide information in investigations or hearings
State laws also specifically protect workers who participate in Labor Commissioner investigations, lawsuits, or PAGA claims.
The laws ban a wide range of retaliatory actions, such as:
- Firing
- Demotion
- Denial of promotion
- Pay cuts
- Reassignment
- Reduced or changed hours
- Negative performance reviews
- Denial of benefits
- Sudden enforcement of existing policies
Retaliation is considered broadly to include materially adverse actions that could dissuade a reasonable person from asserting his or her rights on the job.
It is important to understand that these protections apply to employees who ultimately cannot prove their claims or are mistaken, as long as they reasonably believe violations occurred. In other words, the whistleblower cannot be retaliated against for complaining about an action or practice by his or her employer that is later deemed lawful.
What to Do If Your Employer Retaliates Against You
Whistleblower laws encourage employees to speak up about wage and hour violations while holding employers accountable when they retaliate.
Employees who face retaliation for speaking up can file claims with the California Labor Commissioner or sue their employers. The remedies available for retaliation claims include:
- Reinstatement to the job
- Back pay for lost wages and benefits
- Compensatory damages for emotional distress
- Civil penalties against the employer (often up to $10,000 per violation)
- Attorney’s fees and costs
Once an employee shows that his or her protected activity was a contributing factor in an adverse employment action, the burden shifts to the employer. The employer must then prove by clear and convincing evidence that it would have taken the same action even without the whistleblowing.
Our California Wage and Hour Attorneys Can Help
If you believe that you are being shortchanged on the job, whether it is by being underpaid or in other terms and conditions, you do not need to go it alone.
A California wage and hour attorney at Justice Law Corporation can help you evaluate your claim and take action. Our lawyers can also guide you in protecting yourself from retaliation for speaking up.
Our office is conveniently located in Pasadena. Contact us at (818) 230-7502 to schedule a free consultation with a California wage and hour attorney.
