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• Common Examples of Wage Theft
  • Paying less than the California minimum wage
  • Denying legally required meal or rest breaks
  • Not paying overtime for extra hours worked
  • Taking or withholding employee tips
  • Not providing paid sick leave as required
  • Failing to reimburse business expenses
  • Making unauthorized paycheck deductions
  • Not paying promised bonuses or vacation pay
  • Paying late or bouncing paychecks
  • Failing to pay reporting time pay when required
  • Denying employee access to payroll and personnel records

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• Top Labor Laws to Know

  Minimum Wage (Labor Code § 1182.12)

  • California minimum wage: The statewide minimum wage is indeed $16.50 per hour as of January 1, 2025. Note there are exceptions for certain industries like fast food workers ($20/hour as of April 1, 2024) and healthcare workers ($18-$24 as of October 16, 2024).
  • San Diego County follows state minimum wage rates of $16.50/hour.
  • City of San Diego minimum wage: The city of San Diego has a higher minimum wage, which increased to $17.25 per hour on January 1, 2025.

  Overtime (Labor Code § 510)

  • Pay 1.5 times regular rate for hours worked over 8 hours in a day or 40 hours in a week.
  • All hours worked on the seventh consecutive day of work in a workweek
  • Double time is required for hours worked over 12 hours in a day
  • Double time is also required for hours exceeding 8 on the seventh consecutive day of work in a workweek

  Meal and Rest Breaks (Labor Code § 226.7 and 512)

  • Provide a 30-minute unpaid meal break for shifts longer than 5 hours
  • Provide a second 30-minute meal break if the shift is over 10 hours (unless waived by employee).
  • Provide a 10-minute paid rest break for every 4 hours worked or major fraction thereof

  Paid Sick Leave (Labor Code § 245-249)

  • Under California’s Healthy Workplaces, Healthy Families Act, employees accrue at least 1 hour of paid sick leave for every 30 hours worked, up to a minimum of 40 hours (5 days) per year.
  • San Diego County requires up to 40 hours (5 days) of paid sick leave annually for employees working in the County.
  • Sick leave can be used for employee illness, family care, or other qualifying reasons.

  Tips (Labor Code § 351)

  • Employers cannot take or withhold employee tips.
  • Tips belong to the employee

  Business Expense Reimbursement (Labor Code § 2802)

  • Employers must reimburse employees for all necessary business expenses incurred while performing their job.

  Paychecks and Deductions (Labor Code § 201, 204, and 224)

  • Pay wages at least twice monthly or as agreed in writing
  • Final wages must be paid immediately upon termination or resignation
  • Unauthorized paycheck deductions are illegal except those required by law or agreed to in writing.

  Split Shift Premiums

  • If an employee works a split shift, they are entitled to a premium of one hour’s pay at the state or local minimum wage, whichever is greater.

  Reporting Time Pay

  • If an employee is required to report to work but is sent home early or not put to work, they must receive at least half at least half their usual scheduled day's pay, but not less than 2 hours or more than 4 hours of pay at their regular rate. View more here.

  Recordkeeping and Access (Labor Code § 1174 and 1198.5)

  • Employers must keep accurate records of hours worked, wages paid, and maintain personnel files for at least 3 years
  • Employees have the right to inspect or obtain copies of their payroll and personnel records within 30 days of request

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• File a Wage Theft Complaint

  You are able to file a wage theft complaint at the following agencies:

  County Office of Labor Standards and Enforcement (OLSE)

  As of August 2024, OLSE can launch investigations and assist workers recover unpaid wages, including minimum wage violations, overtime pay, and stolen tips.

  If you would like to file a wage theft complaint, please complete the following inquiry form.  If you are unable to fill out the form, contact us to schedule an appointment:

  • Email: olse@sdcounty.ca.gov 
  • Office: 619-531-5129
  • We are open Monday-Friday 8:00 am-5:00 pm 

  California Labor Commissioner’s Office

  • Phone: 1-833-LCO-INFO (1-833-526-4636)
  • Address: 7575 Metropolitan Dr., Room 210, San Diego, CA 92108
  • File Online: dir.ca.gov/dlse/Complaint.html

  U.S. Department of Labor Wage and Hour Division  (for interstate issues) 

  • Phone: 1-866-487-9243
  • Address: 550 Corporate Center, 550 West C St, Suite 990, San Diego, CA 92101
  • File Online:  dol.gov/agencies/whd/contact/complaints

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• Required by Law
  • Post all required wage and labor law notices in employee common areas, which include state and federal posters. Available templates in employer resources. 
  • Maintain accurate and up-to-date payroll, attendance, and personnel records for at least 3 years. Payroll records should be retained for at least four years.
  • Grant employee access to payroll and personnel records within 30 days of a written request. Payroll record requests can also be verbal.
  • Train supervisors, HR, and payroll staff on wage laws and recordkeeping compliance.
  • Employers cannot retaliate against employees for engaging in legally protected activities, such as reporting wage violations or workplace safety issues.
  • Respond promptly and fairly to employee wage-related complaints or inquiries.
• Best Practices
  • Develop a clear, written employee handbook or policy manual outlining wages, breaks, sick leave, reimbursements, and complaint procedures. Available templates in employer resources. 
  • Communicate regularly with employees about pay, schedules, breaks, and benefits to prevent misunderstandings.
  • Conduct frequent payroll and timekeeping audits to catch and correct errors proactively.
  • Establish a transparent, confidential process for employees to raise wage and hour concerns without fear of retaliation.
  • Provide ongoing training and updates for managers and supervisors on wage laws and ethical workplace practices.
  • Use digital payroll and timekeeping systems to ensure accuracy and simplify record access.
  • Maintain open communication with San Diego County OLSE and other labor agencies to stay current on legal changes.
  • Use the San Diego County OLSE On-Site Consultation Program for compliance assistance and training: call 619-531-5129.
• Employer Resources
  • The County is partnering with Founders First Community Development Corporation (Founders First CDC) to help small businesses with bonding and/or insurance requirements, and bookkeeping assistance.
  • OLSE has created required posters for you to use: Required Posters
  • California Labor Commissioner’s Office Employer Resources
  • U.S. Department of Labor Wage and Hour Division Employer Resources
  • Sample employee handbook for small businesses and non-profits created by Public Counsel